Copyright is the protection given to authors of “original works of authorship,” by the laws of the United States. Protection includes literary, dramatic, musical, artistic, and certain other intellectual works and applies to both both published and unpublished works. The owner of the copyright has exclusive rights to the following:
It is illegal for anyone to violate the rights given to the copyright holder, however, there are exemptions from copyright liability. One of the most notable limitations is the doctrine of "fair use."
United States Copyright Office. (2012). Copyright Basics. Retrieved October 22, 2016 from http://www.copyright.gov/circs/circ01.pdf
Fair Use is a legal doctrine that allows for the unlicensed use of copyrighted works in certain circumstances. "Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use" (United States Copyright Office). Four factors are considered in questions of fair use:
It is important to remember that fair use claims are considered by courts on a case-by-case basis; meaning that there is no exact formula to guarantee proper fair use practice. There are always considerations that depend on "fact-specific inqueries" and therefore fair use cannot be predetermined.
United States Copyright Office. (n.d.). More Information on Fair Use. Retrieved October 22, 2016 from http://www.copyright.gov/fair-use/more-info.html
The Center for the Study of the Public Domain was founded to promote scholarship on the public domain and its importance to science and culture. The Center advocates a more balanced intellectual property system. The Center’s site includes informational resources including a copyright law basics comic book entitled Tales from the Public Domain: BOUND BY LAW?
The Copyright Clearance Center, a not-for-profit company offering collective copyright licensing services. Its Tools and Guidelines page makes advice on best practices available for Using Course Management Systems, Using Electronic Reserves, Interlibrary Loan, and the TEACH Act.
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