Page numbers in italic refer to information in text boxes.
A
abandonment of copyright, 19
academic libraries and use of independent contractors, 34
See also educational purposes
accredited institutions and TEACH Act, 85
Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational
Institutions with Respect to Books and Periodicals, 78
amount of portion in fair use
and educational uses, 70
as factor in determining, 55, 63–64
anticircumvention legislation. See Digital Millennium Copyright Act (DMCA); technological protection
architectural works
copying by libraries, 94
as copyrightable, 48
artworks, fair use of, 74
ASCAP (American Society of Composers, Authors and Publishers), 116, 141
audiovisual works
under TEACH Act, 87
B
backup copies of software, 48
Berne Convention, 24
best practices for fair use, 80
bibliographies as compilations of facts, 16
blind persons, materials for, 48–49, 49, 126
BMI (Broadcast Music International), 116, 141
book sellers and first sale doctrine, 114–115
books
copying by libraries, 94
copyright issues, 3
Braille versions of works, 48
broadcast programming
guidelines, 78
C
calendars, 19
case law, application of, 67
cell phones, exceptions to technological protection for wireless apps, 125
circumvention of technological protection. See technological protection
citation of sources, 69
classroom copying
guidelines, 78
multiple copies as fair use, 61
classroom handouts, 68
classroom performances and displays
of digitized materials, 4
exceptions for, 47
and public performances, 42
showing of films in classroom, 4
text of Section 110(1), 158–159
uses of motion pictures, exceptions to technological protection on DVDs, 125
collective works as works made for hire, 34
commercial uses
and fair use, 60
and first sale doctrine, 115
and section 108 requirements, 94
vs. educational uses, 67
See also context of use and fair use
compilations
text of Section 103, 150
of unpublished works, 17
computer software
circumvention of anti-copying, 122
copying by libraries, 94
copying for repair of computer, 48
copying of entire program, 64
as copyrightable, 12
exceptions to technological protection for obsolete dongles, 126
exceptions to technological protection for wireless apps, 125
guidelines, 78
reproduction of, 40
rights of ownership, 48
as unpublished work, 131
Conference on Fair Use (CONFU), 77, 79
confidentiality issues and protection of unpublished works, 131–132
consumable materials and fair use, 62
context of copied material and fair use, 63–64
context of use and fair use, 65
contributory infringement, 104
CONTU (National Commission on New Technological Uses of Copyrighted Works), 97–98, 98
copies, multiple, as fair use, 61
copy machines in the library, 98
copy protection. See technological protection
copying of materials created to serve educational market, 70
copyright
consideration of in everyday work, 8
eligibility for copyright, 24–25
scope of protectable works, 7, 9, 12–13
Copyright Act. See U.S. Copyright Code
Copyright Clearance Center
and CONTU guidelines, 98
and securing permissions, 141, 141
copyright decisions, strategies for, 7
copyright expiration, 15
See also public domain
copyright infringement. See infringement
copyright management information, 24, 120
copyright management options, 7
copyright notice
examples, 25
generic notice for, 94
on ILL forms, 96
legislative history, 26
on materials for students, 85
on materials photocopied by libraries, 94
on photocopying machines, 98
and requesting permission, 140
requirement for, 24
copyright owners. See ownership of copyright
copyright policies, institutional, and TEACH Act, 84, 85, 85
copyright registration. See registration of copyright
course packs and fair use, 62, 71–72
creative works, fair use of, 73
creativity criterion
and fair use, 62
and protection of ideas, 15
D
damaged or lost published works, 6
dance notations, copying by libraries, 94
databases
licensing of as permission from copyright owner, 140
protection of in European Union, 17
trends, 127
See also licensing
derivative works
definition, 44n3
text of statute, 150
digital audio transmissions, 43
digital libraries, 68
Digital Millennium Copyright Act (DMCA)
and circumvention of copy protection, 119–129
computer software, 48
exceptions for libraries and education, 123–127
and preservation copying, 46, 96
removal of copyright management information, 24
rights of copyright owners, 43–44
and “Safe Harbor,” 104, 104–106
text of Section 1201, 162
digital resources
copying by libraries, 95
guidelines, 79
preservation copying, 96
digital rights management (DRM) codes, circumvention of, 128
digitization
as copyright infringement, 41
and TEACH Act, 89
disabled persons, special formats for, 48–49
display rights. See performances and displays
dissemination of materials, limits on, 86
checklist for compliance, 167–169
and fair use, 90
guidelines, 79
and institutional policies, 36–37
performances and displays in, 42, 45, 48
text of Section 110(2), 159–160
distribution, right of, 40
DMCA. See Digital Millennium Copyright Act (DMCA)
documentary filmmaking, exceptions to technological protection on DVDs, 125
dongles, obsolete, 126
drafts as unpublished works, 131
dramatic musical works and TEACH Act, 115, 115–116
joint copyright, 32
and renewal of copyright, 26
works created in or after 1978, 24–25
E
e-books
audibility as exception to anticircumvention law, 121
exceptions to technological protection for, 126
educational purposes
and fair use, 64
See also classroom copying; distance education
effect of use in fair use
as determining factor, 55, 64–66
and out-of-print materials, 62
electronic reserve systems, 60, 78
employers as author of works made for hire, 33
exceptions
to the anticircumvention law, 5
See also fair use; library exceptions
expiration of copyright, 19
See also duration of copyright
F
Facebook as creative work, 9, 10
facts and discoveries as noncopyrightable, 16
faculty as authors and works made for hire, 35–36, 38n15
fair use
after permission is denied, 143
amount and substantiality factor, 63–64
best practices, 80
effect on the use on the market factor, 64–66
as exception to copyright, 46
four factors in determining, 80
nature of the copyrighted work, 61–63
principles of working with fair use, 56
text of Section 107, 55, 57, 152–153
vs. requesting permission, 140
vs. TEACH Act, 89
See also exceptions: to rights of owners
Fair-Use Guidelines for Electronic Reserve Systems, 78
Federal Research Public Access Act, 38n18
fiction, fair use of, 62
films
documentaries, 125
See also motion pictures
first sale doctrine
commercial uses and, 115
definition, 46
and educational uses, 3
library exceptions to, 40
text of Section 109(a), 156–158
foreign works, duration of copyright, 26–27
G
garage doors and library research, 122–123
good faith, acting in, 75–76, 103–104, 106
See also right thing, doing
government works. See U.S. government works
Guidelines for Educational Uses of Music, 78
Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes, 78
H
I
ideas as noncopyrightable, 15–16
illustrations, copying by libraries, 95
independent contractors and works made for hire, 33, 34
infringement
and registration of copyright, 102, 102
by state institutions, 106
interlibrary loan
as library exception, 6, 97–98
of musical works, 114
international copyright and institutional policies, 36
Internet
copyright of materials on, 19
and digital audio transmissions, 43
Internet service providers (ISP), safe harbor protection for, 104–106
interoperability with other programs exception, 124
J
joint copyright ownership, 7, 31–33, 32
journals
and CONTU guidelines, 97–98, 98
copying by libraries, 94
copyright of issues, 17
open access, 37
transfer of copyright to publisher, 35
L
law enforcement requirements as exception to anti-copying law, 124
letters, unpublished, copyright protection for, 134
Library and Classroom Use of Copyrighted Videotapes and Computer Software, 78
copy machines in the library, 98
eligibility requirements, 93–94
to first sale doctrine, 40
and interlibrary loan (See interlibrary loan)
preservation or replacement copies (See preservation or replacement copying)
private study (See private study, copies for)
types of works that may be copied, 94–95
Library of Congress and regulatory exceptions to DMCA, 124–127
licensing
and copyrights, 46
jointly owned copyright, 32
for performance of nondramatic musical works, 116, 116–117
as permission from copyright owner, 140
and transfer of copyright, 34–35
trends, 127
licensing agencies and securing permissions, 116, 141
linking to materials on Internet, 40
M
market harm
mediated instructional activities, 89
Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use, 78
moral rights
of visual artists, 42–43, 44n10
of works made for hire, 33
motion pictures
circumvention of copy protection, example, 126–127
exceptions to technological protection on DVDs, 125
photographs in, fair use of, 68
See also films
multiple copying requests, 94
music videos on YouTube, 105
musical compositions
in classroom use, 4
excluded from Section 108, 95
fair use of, 68
dramatic and nondramatic, 115, 115–116
and first sale doctrine, 114–115
guidelines, 78
licensing agencies for, 116, 141
trends, 117
N
names, copyright on, 19
nature of copyrighted work in fair use, 54, 61–62, 66n10
newspaper articles
copying by libraries, 94
and fair use, 68
nondramatic musical works, 115, 115–116
nonfiction, fair use of, 61–62, 73
North American Free Trade Agreement, 27
notice and takedown, 105
O
online education. See distance education
out-of-print materials and fair use, 62–63
owners, locating, 4
of journal articles, 6
P
parodies. See transformative uses as fair use
password restriction on educational materials, 60, 72, 86
patent law as protection for ideas, 19
performance rights of sound recordings, 113
performances and displays
in the classroom (See classroom performances and displays)
in distance education, 42, 45, 48, 87–88
exceptions to, 41
of a film, 3
performing rights societies, 116–117
permission, fair use after denial of, 70, 70, 143
permissions from copyright owners, 139–143
determination of need for, 140
model request letter for, 177–178
strategies for, 139
unsuccessful efforts, 143
vs. TEACH Act, 89
when fair use does not apply, 56
photography
of architectural works, 48
fair use of, 68
pictures, copying by libraries, 95
player piano rolls, 112
plays as derivative work, 10
poetry, fair use of, 73
preservation or replacement copying
as library exception, 46, 95–96
of musical works, 114
number of copies allowed, 94
of unpublished archival materials, 6, 136–137
privacy issues and protections on unpublished works, 131
private study, copies for
and library copying of musical works, 114
productive use, 69
See also transformative uses as fair use
Proposal for Educational Fair Use Guidelines for Digital Images, Conference on Fair Use, 79
Proposal for Educational Fair Use Guidelines for Distance Learning, 79
Proposal for Fair Use Guidelines for Educational Multimedia, 79
public displays. See performances and displays
public domain materials
and fair use, 56
films, 3
works published before 1923, 26
Q
quality of copied material and fair use, 63–64
quantity of copying and fair use, 63
quotations in scholarly works as fair use
determining factors in, 69
flexibility of application, 54
and “heart of the work” criterion, 63
R
RAM as fixed and tangible medium, 12
read-aloud feature of e-books, 126, 126
“reasonable and limited” portions of audiovisual works, 4
region codes, circumvention of, 128
registration of copyright
benefits of, 28
importance of, 102
and locating copyright owners, 140–141, 141
no longer needed, 24
sources of information, 25
renewal of copyright
duration of, 26
legislation on, 24
replacement copies. See preservation or replacement copying
reproduction, right of, 40
reproductions, photography as, 10–11
research, copying for, 72–73, 122–123
“restoration” of foreign copyrights, 27
retention of materials, limits on, 86, 86, 159
right of first publication
court decisions on, 61
and unpublished works, 135
See also good faith, acting in
rights of copyright owners, 39–44
digital audio transmissions, 43
distribution, right of, 40
of musical works and recordings, 113
reproduction, right of, 40
rights of distribution, 3
risk-benefit analysis of using works without permission, 143
S
safe harbor protection for service providers, 104–106
security codes, decryption, 124, 125
service providers, safe harbor protection for, 104–106
SESAC (Society of European Stage Authors and Composers), 116
Sherpa-RoMEO Project, 35
software. See computer software
sound recordings
absence of copyright protection on recordings before 1972, 19
performances of, 116
restoration of copyright, 27
text of Section 114, 160
sovereign immunity, 106
specialized formats
definition, 126
spoken word recordings. See sound recordings
spontaneous copying, 79
state governments, copyrights of documents, 18
systematic copying requests, 94
T
tangible medium criterion
works fixed in tangible form, 11
works not recorded in tangible form, 19
TEACH (Technology, Education and Copyright Harmonization) Act, 83–91
checklist for compliance, 167–169
and circumvention of technological protection, 128
and displays and performances in distance education, 48, 87–88
institutional requirements, 85–86
instructional requirements, 87
technology requirements, 86–87
vs. fair use, 89
teacher’s manuals as derivative works, 41
technological protection, 119–129
circumvention of, 5, 43–44, 119–129
copyright issues, 5
and digitization, 89
effectiveness of, 122
exceptions for libraries and education, 123–127
as hamper to exercise of exceptions, 46
See also Digital Millennium Copyright Act (DMCA)
telephone books, creativity in, 10–11
television programs, fair use of, 63, 68
See also broadcast programming
termination of transfer
and works made for hire, 33
thumbnail images as fair use, 63
titles, copyright on, 19
trade secret law as protection for ideas, 19
trademark coverage of titles and names, 19
transfer of copyright
jointly owned copyright, 32
See also termination of transfer
U
unbundling rights of copyright ownership, 37
unpublished materials, 4, 131–138
exceptions for libraries, 136–137
preservation copying of, 95
Uruguay Round Agreements Act, 27
U.S. Copyright Code
Section 101 definitions, 146–149
Section 102(a) scope of protectable works, 7, 9, 12–13, 149–150
Section 103 compilations and derivative works, 150 (See also compilations; derivative works)
Section 105 U.S. government works, 15, 17–18, 150
Section 106 rights of copyright owners, 150–152
and Digital Millennium Copyright Act, 44
on rights of copyright owner, 39
Section 107 fair use (See fair use)
Section 108 (See library exceptions)
Section 108 Study Group, 98–100
Section 109(a) first sale doctrine (See first sale doctrine)
Section 109(c) exception for public displays, 47
Section 110(1) displays and performances in face-to-face teaching (See classroom: performances and displays in)
Section 110(2) (See distance education)
Section 110(2) TEACH Act and distance education (See TEACH Act)
Section 110(8) special formats for disabled persons, 48–49
Section 114 sound recordings (See sound recordings)
Section 117 computer software (See computer software)
Section 120 architectural works, 48, 94
Section 121 special formats for disabled persons, 48–49
Section 302(b) jointly owned works, 7, 31–33, 32
Section 405-406 copyright notice (See copyright notice)
Section 504 infringement (See infringement)
Section 511 liability of state employees for infringement, 106
Section 512 (“Safe Harbor”), 104, 104–106
Section 1201 circumvention of copyright protection systems (See Digital Millennium Copyright Act (DMCA))
U.S. government works
copyrighted materials in, 18
text of statute, 150
Using Software: A Guide to the Ethical and Legal Use of Software for Members of the Academic Community, 78
V
vicarious liability, 104
video games
circumvention of region codes, 128
exceptions to technological protection for testing and review, 125
videos
clips, fair use of, 74–75, 125
guidelines, 78
licensing of, 140
under TEACH Act, 88
W
websites, secure, and posting of materials, 72
wireless telephone hand-sets/cell phones, 125
workbook pages and fair use, 62
works made for hire
conflicts with institutional policies, 36
definition, 133
and moral rights, 43
unpublished, 133
works without copyright protection, 15–20
World Intellectual Property Organization, 99
Y
YouTube, copyrighted materials on, 105