Why Copyright Clearance Matters
It's important to know about copyright clearance
Technology has allowed for easier access to various
academic and other information sources-and it has increased
the amount of illegal copying and distribution of copyright-protected
materials. In recent years, major lawsuits have raised
awareness about the potential liability copyright infringement
poses to the academic community and those who reproduce,
distribute, or host copyrighted content.
With settlements reaching as high as 20 million dollars,
it has never been more important to ensure the content
you manage has all necessary permissions properly researched
and licensed. But it isn't easy. Researching and identifying
the copyright holder, submitting and following up on
permissions requests, and tracking and making royalty
payments are complex and time-intensive processes. And
interpreting the laws of licensing, public domain and
fair use can be downright confusing.
Frequently Asked Questions
What is copyright?
What are the penalties for copyright infringement?
What is "fair use"? How does it affect
copyrighted material?
When can copyrighted works be uploaded
to or downloaded from the Internet?
Will faculty members who assign customized
course anthologies, or the colleges at which they teach,
be liable for copyright infringement?
This material has been taken
in part from Questions and Answers on Copyright for
the Campus Community, copyright 2002, Association of
American Publishers, National Association of College
Stores, and the Software & Information Industry
Association. Content also contains excerpts from the
Copyright Clearance Center and the Nebraska Library
Commission.
What is copyright?
Copyright is the right granted by law to an author
or other creator to control use of the work created.
The copyright law grants owners of copyright (authors
and other creators and publishers) the sole right to
do or allow others to do each of the following acts
with regard to their copyrighted works: to reproduce
all or part of the work; to distribute copies; to prepare
new (derivative) versions based on the original work;
and to perform and display the work publicly. Copyright
protection covers both published and unpublished works.
What are the penalties for copyright
infringement?
Civil and criminal penalties may be imposed for copyright
infringement. Civil remedies can include an award of
monetary damages (substantial statutory damages, which
in cases of willful infringement, may total up to $150,000
per work infringed, or actual damages, including the
infringer's profits), an award of attorney's fees, injunctive
relief against future infringement, and the impounding
and destruction of infringing copies.
Recently, there have been multiple lawsuits which were
settled in the publishers' favor. These judgments have
ranged from $15,000 to $20 million-all against claims
under "fair use" or "educational purposes."
What is "fair use"? How does it affect
copyrighted material?
"Fair use" is a defense to an allegation of infringement
under the U.S. copyright law that permits limited use
of portions of a copyrighted work without the copyright
owner's permission for purposes such as criticism, comment,
news reporting, teaching, scholarship, or research.
Section 107 of the Copyright Act establishes four basic
factors to be considered in deciding whether a use constitutes
a fair use. These factors are:
- 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 (literary work,
work of non-fiction, poem, etc.).
- The amount and substantiality of the portion used
in relation to the copyrighted work as a whole.
- The effect upon the potential market or value of
the copyrighted work.
No one factor alone determines a person's right to
use a copyrighted work without permission. Although
Section 107 of the Copyright Act includes teaching,
scholarship and research, along with making "multiple
copies for classroom use," as among the uses of copyrighted
works that may qualify as fair use, none of these uses
automatically qualifies as a fair use.
When can copyrighted works be uploaded
to or downloaded from the Internet?
You may upload or download copyrighted works when you
are the copyright owner of the works, when you have
permission from the copyright owner, or when uploading
or downloading could be considered to be a fair use.
Because uploading and downloading works involves copying
the work and other exclusive rights, educators and students
should be cautious because some copyrighted works are
unauthorized copies posted without the knowledge of
the copyright owner.
This type of activity can occur when the university
hosts a web site that makes copyrighted work(s) available
to the campus community and/or the general public. In
regards to use of Learning Management Systems (LMS)
such as Blackboard or WebCT, copyright policy generally
asserts that you agree to only upload or post content
to which you own the copyright, or in which you have
sufficient rights or have been granted permission to
upload or post.
Will faculty members who assign customized
course anthologies, or the colleges at which they teach,
be liable for copyright infringement?
Anyone who violates any of the exclusive rights of
the copyright owner is an infringer. In 1983, a number
of publishers coordinated a suit against New York University
and nine professors for creating similar course packs.
The action was settled with the adoption of certain
procedures by NYU. Since that time, faculty and school
administrations have generally been sensitive to the
copyright law.
It is important to understand that faculty and the
colleges may be liable for the infringement of customized
anthologies, or course packs.
Copyright Information Resources
Copyright
Clearance Center (CCC) — The Copyright Education
center through the CCC gives you valuable information
on copyright law, and a comprehensive guide to copyright
facts, tools, articles, and the latest news.
United
States Copyright Office — A government website
— the official authority on U.S. copyright law.
Questions
& Answers on Copyright for the Campus Community
— Public resources from the National Association
of College Stores.
TEACH
Act — Comprehensive guide to the Technology,
Education, and Copyright Harmonization Act (TEACH Act)
from the Copyright Management Center at Indiana &
Purdue University. The TEACH Act is current legislation
relevant specifically to higher education distance education
programs and online courses.
Cornell
University and the Association of American Publishers
(AAP) — Cornell University and higher education
publishers jointly write and introduce new copyright
guidelines governing use of digital course materials.
10
Common Copyright Permission Myths — Copyright
expert, attorney and author explains the truth behind
many popular misconceptions about copyright permissions
and fair use.
Lawsuits
& Legislation — Stanford University Libraries
provide an online guide to materials, legislation, books
and websites dedicated to explaining the details of
copyright law and fair use and an extensive list of
recent copyright infringement lawsuits.
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