UNITED STATES COPYRIGHT LAW
The United States Copyright Law, Title 17, United States Code, covers all
forms of tangible expression (written on paper, recorded on tape, coded into a
computer). Works do not have to have a notice of copyright to be considered
protected by law. One should assume that all works created January 1, 1978, or
later are copyrighted unless otherwise indicated.
RIGHTS OF THE COPYRIGHT OWNER (Title 17, Section 106)
The Copyright Law gives the copyright owner of a copyrighted work these six
rights:
- Reproduction.
- Adaptation or creation of derivative works.
- Distribution of copies or phonorecords by sale, gift, rental, lease, or
lending.
- Public performance of the work (includes dramatic works, dance, and motion
pictures and other audiovisual works).
- Public display (includes pictorial, graphic, sculptural works, and images
from motion pictures and other audiovisual works).
- In the case of sound recordings, to perform the copyrighted work publicly
by means of a digital audio transmission.
The copyright owner may sell or license any or all of these rights. Copyright
is violated if any one of the six exclusive rights is violated.
FAIR USE EXEMPTION (Title 17, Section 107)
The "fair use exemption" provides several instances in which reproduction of
copyrighted items is permissible. The law states that "reproduction in copies or
phonorecords or by any other means specified by that section, for purposes such
as criticism, comment, news reporting, teaching (including multiple copies for
classroom use), scholarship, or research, is not an infringement of
copyright."
In determining whether the use of a copyrighted use is a "fair" use, ALL FOUR
of the following factors are considered:
- The purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes.
- The nature of the copyrighted work.
- The amount of substantiality of the portion used in relation to the
copyrighted work as a whole.
- The effect of the use upon the potential market for or value of the
copyrighted work.
Because the law is subject to interpretation, many guidelines have been
established to assist with interpretation.
COPYRIGHT POLICY
The purpose of a copyright policy is to state the institution"s intention to
abide by the law. Libraries should consider developing a copyright policy. The
copyright policy should:
* State the institution"s intention to abide by the letter and spirit of the
Copyright Law and the associated congressional guidelines.
* Cover all types of materials including print, non-print, graphics, and
computer software.
* State that liability for noncompliance with copyright rests with the
individual using the work.
* Require training for all personnel who might have need to make copies.
* Require people using materials to produce, on request, copyright
justification for its use.
Internet Resource:
ALA National Interlibrary Loan Code
http://www.ala.org/rusa/stnd_lnc.html
Copyright & Fair Use. Stanford University Libraries.
http://fairuse.stanford.edu/
Digital Millennium Copyright Act
http://www.educause.edu/Browse/645?PARENT_ID=254
Library Vision 2004
http://ndsl.lib.state.nd.us/v2004doc.html
North Dakota Century Code-Chapter 40-38 Public Libraries
http://www.state.nd.us/lr/information/statutes/cent-code.html
U.S. Copyright Office
http://www.copyright.gov/
