Copyright Information

For copyright news, check out the latest news and updates from the Copyright Office.

This guide is meant to address questions of copyright that commonly arise in the University community, especially those pertaining to the use of copyrighted material in the classroom and on the World Wide Web.  What is presented here is NOT LEGAL ADVICE and should not be taken as such.  If a concern or question is not addressed in this guide, this does not alleviate you of the responsibility to comply by U.S. Copyright Law.

 

Note: The copyright guidelines for the fair use of music and audiovisual materials differ from that for printed materials. Indeed they are much more restrictive. For further information, including the full text of the copyright law for these materials, frequently asked questions, and current issues and latest developments, see the Music Library Association’s ‘Copyright for Music Librarians’.

 

Copyright Basics
The United States Copyright Office publishes a circular titled "Copyright Basics."  This is a good place to begin with questions that you have about copyright law.  The Copyright Office also makes other copyright information circulars and form letters available on the Web. 

Copyright Decision Map from the University of Minnesota

Answer a series of yes/no questions to aid in determining copyright questions for a particular work.

 

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University of Pittsburgh Policy
University-wide policies and procedure pertaining to the use of copyrighted material and rights regarding copyright ownership, both for print and electronic material. 

Policy 11-02-02: Copyrights: http://www.pitt.edu/HOME/PP/policies/11/11-02-02.html
Scope: This policy establishes the rights and responsibilities of the University and of faculty, staff, and students regarding the creation and dissemination of original works of authorship, copyright interest, and distribution of royalties. 

Policy 10-04-01: Copying Copyrighted Material: http://www.pitt.edu/HOME/PP/policies/10/10-04-01.html
Scope: This policy affirms the guidelines for making reproductions of copyrighted material, adopted by the University of Pittsburgh in compliance with the Copyright Act, Title 17 U.S. Code. [This covers library reserve use, photocopying, Interlibrary loan, classroom use and prohibits certain activities.] 

Procedure 10-04-01: Copying Copyrighted Material: http://www.pitt.edu/HOME/PP/procedures/10/10-04-01.html
Scope: To define the criteria for making copies of copyrighted material without written permission of the copyright owner, and to outline the necessary steps for requesting permission when it is required. 

Policy 10-02-05: Computer Access and Use: http://www.pitt.edu/HOME/PP/policies/10/10-02-05.html
Scope: This policy establishes restrictions regarding the access and use of University owned and maintained computers, computer systems, computer networks, electronic communications facilities, and other related computing facilities used to store and process data, text, and software used by the University. 

Guidelines for University Web Pages: http://www.pitt.edu/~provost/webproced.html
From the Provost's Committee on the University of Pittsburgh's Presentation on the World Wide Web, which develops general guidelines on Web site publication for the University of Pittsburgh and approves the design and content of the University of Pittsburgh's homepage and various subsidiaries, referred to as Top Level Pages (TLPs). 

 

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Frequently Asked Questions
Check the list to see if your question appears.  Click on the question to see the answer.  It is impossible to include every question about copyright law or the use of copyrighted material.  If your question is not answered that does not alleviate you of the responsibility to comply by U.S. Copyright Law.

General

  1. Are images protected under copyright law?
  2. If I don't make money from using someone else's work, there's no harm done, right?
  3. What about works that I have written or produced? Can I use them any way I want to? What about publishing them on my Web site?
  4. What is a work made for hire?
  5. What can I do to protect my work under copyright law?
  6. How do I get the copyright symbol to appear on my works? Is there a certain format I have to use?
  7. How do I know if a work is copyrighted or if it is in the public domain?
  8. Are all government publications in the public domain?
  9. If a book is out of print, do I have to worry about copyright?
  10. To what extent am I personally liable as a faculty member, student or employee of the University of Pittsburgh for violating copyright law?
  11. How much information can I use from a copyrighted work without getting permission?
Educational Use
  1. Can I scan course readings and put them up on my Web site for my students to read?
  2. What if I use a password to make sure that only the students in my class have access to copyrighted material on my site? Wouldn't that fall under fair use?
  3. If a work is copyrighted and I want to use it in my class, what do I have to do?
  4. What do I have to know about putting course readings on reserve in a University Library System library?
  5. What about course packets?
  6. What about copying a worksheet or a test for students?
  7. What am I permitted to do if I am involved in a Distance Education project?
  8. Fair use means that if I'm using it for educational purposes, I can do whatever I want with a copyrighted work, right?
  9. Performance of or Showing Films in the Classroom

  10. How about outside the classroom?
  11. What if I want to show a film that’s not part of a course?
  12.  How do I obtain public performance rights for a film?
Web
  1. Do the same copyright laws apply to electronic information as print information?
  2. What are some of the changes made by the new Digital Millennium Copyright Act?
  3. How can I get a copy of the Digital Millennium Copyright Act?
  4. What do I have to consider before placing an image on my web site?
  5. Do I have to get permission to link to another site from my web page?
  6. Can I scan course readings and put them up on my Web site for my students to read?
  7. What if I use a password to make sure that only the students in my class have access to copyrighted material on my site? Wouldn't that fall under fair use?
  8. Putting something up on a Web site is not the same as publishing something, so do I have to worry about copyright?
  9. What kinds of information am I allowed to post on my web pages?
  10. I heard that the new copyright law might make it illegal even to download copyrighted web pages for viewing without permission. Is that true?
  11. Can I print or download information from a Web site or library database without violating copyright?
  12. What am I permitted to do if I am involved in a Distance Education project?

 

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Legislation
The fulltext of the following statutes is available on the Web:

U.S. Copyright Law
Digital Millenium Copyright Act
Sonny Bono Copyright Term Extension Act
No Electronic Theft (Net) Act
Pending Legislation

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Resource Guide
There are a number of resources available in print and on the Web that are useful in providing information pertaining to U.S. copyright law.  Browse the list to see the different kinds of resources. 

U.S. Government Resources

Library of Congress: United States Copyright Office
http://lcweb.loc.gov/copyright/
This is a major source of official government information on copyright. This site provides fact sheets covering copyright basics, copyright laws, how to search for copyright information, and a FAQ page. Many links to other Internet resources on copyright law are provided, making this an excellent starting point for doing research on this topic.

Thomas: Legislative Information on the Internet: http://thomas.loc.gov/home/thomas2.html
Thomas is the official government Web site for U.S. legislative information. Information about bills, committees, floor activities, votes, etc... in both the House and the Senate is provided. In addition the full text of The Congressional Record is available. The Web site is searchable so you can find more information about copyright and intellectual property legislation by doing a quick keyword search on "copyright" or "intellectual property." 

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Non-Government Web Resources

Association of Research Libraries: Copyright and Intellectual Property
http://www.arl.org/info/frn/copy/copytoc.html
A very good source for information about current copyright legislation that affects the academic and library communities. This site also includes links to commentary and analysis of the many copyright issues faced in the academic environment of the Digital Age. International copyright activities are featured here as well. 

Copyright Clearance Center, Inc.
http://www.copyright.com/
Click on the "Copyright Resources" link to see an excellent guide to Internet resources, including guidelines, organizations, resource guides, and official documents. The CCC is a non-profit organization designed to help organizations comply with copyright law and to facilitate copyright clearance. 

Stanford University Libraries: Copyright and Fair Use
http://fairuse.stanford.edu/
This site is a very well designed searchable index to primary legislative materials, current and pending legislation, and other copyright resources, including articles as well as Internet sites. Includes an important section titled "Fair Use and Multimedia," which links to many resources which address issues of fair use in the digital environment. 

Timeline: A History of Copyright in the U.S.
http://www.arl.org/info/frn/copy/timeline.html
An interesting and informative look at the history of copyright law from 1710 to the present, this resource presents major historical and legislative milestones of interest to information providers.

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Book Resources
These are just a few of the books on the topic of copyright that are available from the University of Pittsburgh Libraries.  All of these items and numerous others can be found using the PITTCat+ online catalog.  See the catalog for complete holding and call number information.

Butler , Rebecca P. Copyright for Teachers and Librarians. New York: Neal-Schuman Publishers, 2004.

Crews, Kenneth D.  Copyright Essentials for Librarians and Educators.  Chicago: American Library Association, 2000.

Gasaway, Laura N., ed. Growing Pains: Adapting Copyright for Libraries, Education, and Society. Littleton, CO: Fred B. Rothman, 1997.

Hoon, Peggy.  Guidelines for Educational Use of Copyrighted Materials: Designed for Educators and Librarians in the Higher Education Setting.  Pullman, WA: Washington State University Press, 1997.

Jensen, Mary Brandt. Does Your Project Have a Copyright Problem?: A Decision-Making Guide for Librarians. Jefferson, NC: McFarland and Company, 1996.

Russell, Carrie Complete Copyright: an Everyday Guide for Librarians. Chicago: American Library Association, 2004.

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Journal Resources
Journal literature on copyright and intellectual property can be found in several of the databases available through the University Library System. Several of the most important databases to search are:

Business Source Premier

http://www.library.pitt.edu/articles/database_info/connect/bus_src_connect.html

Business Source Premier provides research and perspectives from leading business thinkers from around the world. This collection of popular business magazines, scholarly journals, and trade publications will help you to stay abreast of the latest global business developments. Business Source Premier offers coverage of such topics as accounting, banking, finance, international business, management, marketing, real estate, regional studies, sales, trade and technology.

ERIC (Educational Resources Information Center): http://www.library.pitt.edu/articles/database_info/eric_sp.html
The U.S. Department of Education Educational Resource Information Center database, ERIC, provides you with indexing and abstracts from thousands of research and technical reports in the Resources In Education Index (RIE) and from more than 750 education and education-related journals in the Current Index to Journals in Education (CIJE). 

Information Science & Technology Abstracts: http://www.library.pitt.edu/articles/database_info/isa.html
The Information Science & Technology Abstracts database contains references and abstracts to the world's literature in librarianship, information science and related disciplines. The database indexes journal articles, books, research reports, conference proceedings, and patents. 

Library and Information Science & Technology Abstracts (LISA): http://www.library.pitt.edu/articles/database_info/lisa.html
Library and Information Science & Technology Abstracts (LISA) covers the field of librarianship with abstracts from over 550 periodicals from over 60 countries and in over 20 different languages. It also provides international coverage of research in progress or recently completed research projects in the fields broadly defined by librarianship and information science. 

Legal Trac: http://www.library.pitt.edu/resources/articles/legaltrac.html
Use this database to research: Case Studies, Government Regulations, Practice of Law, Statutes, Taxation and International Law. Access all major law reviews, and specialty law and bar association journals. Covers 1980 to the present.

PAIS (Public Affairs Information Service) International

http://www.library.pitt.edu/articles/database_info/connect/pais_connect.html

PAIS International, from Public Affairs Information Service, is an important index to political, economic, and social issues in current debate. The database covers the public and social policy literature of business, economics, finance, law, international relations, public administration, government, political science, and other social sciences -- with emphasis on issues that are or might become the subjects of legislation. Dating from 1972 to the present, PAIS International contains abstracts of journal articles, books, statistical yearbooks, directories, conference proceedings, research reports and government documents from all over the world. The materials indexed are published in 60 countries in six languages -- English, German, French, Spanish, Italian and Portuguese. All subject headings and abstracts are written in English. PAIS International aids public policy researchers in academic, government, corporate, and community settings.

 

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