MARSHALL UNIVERSITY
COPYRIGHT INFORMATION PACKET
DRAFT

Electronic Publishing Oversite Committee
Original: February 7, 2000
Revised: February 21, 2000

The MU Copyright Information Packet has been written to provide assistance understanding the issues involved with using copyrighted materials in an educational setting. Also a list of web addresses has been provided at the end of this packet that contain additional information about copyright laws and assistance obtaining permission to use copyright material. Unless otherwise noted, most of the information below has been paraphrased from the U.S Copyright Office web site.

What is copyright?

Copyright is "a form of protection provided by the laws of the United States (Title 17, U.S. Code) to the authors of 'original works of authorship,' including literary, dramatic, musical, artistic, and certain other intellectual works." This protection gives the owner of the copyright exclusive rights to the original work including the right to reproduce the work, to distribute copies of the work and to display the work publicly. It is illegal for anyone to violate these rights of the copyright owner. However, these rights do allow for some exemptions such as the "Fair Use" doctrine discussed below. Copyright protection on works created after January 1, 1978, generally lasts for 50 years after the death of the author. Copyright in works created by businesses, rather than individuals, or before 1978 can last for 75 years from publication. After a work is no longer protected, it falls into the public domain. Registration with the Copyright Office is not required in order for a work to be protected under U.S. copyright law.

Who owns the copyright?
Copyright protection begins from the time the work is created in a fixed form and the work immediately becomes the property of the author unless it is

(1) a work prepared by an employee within the scope of his or her employment; or

(2) a work specially ordered or commissioned for use as a contribution to a collective work.

Ownership rights of works created at Marshall University by Marshall University employees is discussed in Marshall University’s Executive Policy Bulletin No. 9. In short, any work created while the author was financially supported by the university, and if he/she used university facilities, materials or time is owned by the university. However, if the university decides not to request ownership rights the ownership will be released to the author. This policy includes the content of web pages, E-Courses, video based lectures, email messages, etc as long as the content was created on behalf of the university. For example, an email message of a personal nature would not be the ownership of the university but an email message outlining the admissions process to a prospective student would be the ownership of the university.

What can be copyrighted?
Copyrightable works include:

(1) literary works;

(2) musical works, including any accompanying words

(3) dramatic works, including any accompanying music

(4) pantomimes and choreographic works

(5) pictorial, graphic, and sculptural works

(6) motion pictures and other audiovisual works

(7) sound recordings

(8) architectural works

Works not eligible for copyright protection include:

(1) Works that have not been fixed in a tangible form of expression, (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)

(2) Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents

(3) Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration

(4) Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)

What is fair use?
Fair use allows for the limited copying of copyrighted works for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research. A copy is likely to be considered fair use if it is a small part of the original work, and is intended for temporary use. When determining if the use of a copyrighted work is considered fair use it is evaluated using four factors:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

What is public domain?
A work in the public domain can be freely copied and used by anyone. Public domain works include works for which the copyright protection has expired.

How do I obtain copyright permission?
Permission to use copyright works must first be obtained from the work's copyright owner. At Marshall University it is the responsibility of the individual or department to obtain permission to use copyrighted works. Sometimes the copyright owner will be listed along with the work. For example the notice © 1999 John Doe indicates that the work was first published in 1999 and the copyright owner is John Doe. Although these notices can be helpful in identifying the copyright owner, it should be noted that the use of the copyright notice is no longer required under U.S. law. The U.S. Copyright Office provides an online search utility whereby visitors can search copyright records for the owners or they will search the records for you at a cost of $65/hour. Also, there are several copyright clearinghouses listed below which, for a fee, will secure the permission to use copyrighted works.

· http://www.icopyright.com/

· http://www.copyright.com/

What do I do if someone has committed copyright infringement?
The copyright owner is entitled to take legal action against an individual or group that has infringed upon the copyright protection. The court may require that the copyright owner serve written notice of the action with a copy of the complaint and a record of the copyright from the U.S. Copyright Office. 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 $100,000 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.

Where can I find more information about copyright protection?

Federal:

· U.S. Copyright Office
(http://lcweb.loc.gov/copyright/)

· Digital Millenium Copyright Act summary (http://lcweb.loc.gov/copyright/legislation/dmca.pdf)

· U.S. Copyright Law
(http://www.loc.gov/copyright/title17/)

State:

· Series #13, 36, 43, 46, 48, 55, 56, 64
(http://www.scusco.wvnet.edu/www/title131/tT131toc.htm)

Marshall University:

· Executive Policy Bulletin #9, 13; The Marshall University Greenbook
(http://www.marshall.edu/www/greenbook/)