Copyright Guidelines

 

IV.  Copying of Works not in the Public Domain (and not licensed by CUA)

 

A.  Permission

 

1.  Do I need permission for copying?

If a work is in the public domain, then permission for copying is not necessary.  If a work is not in the public domain, and not a licensed work, then you must either seek permission for copying, or make a determination that the doctrine of fair use applies.  If you decide the fair use doctrine cannot be invoked, or have any doubt about fair use, then seek permission from the copyright owner before engaging in any of the exclusive rights that belong to that owner and which are set forth in Section I, above.  If, on the other hand, you think the fair use doctrine does apply, but you have a question or some reservations, feel free to contact the Office of General Counsel at 5142 or a Reference Librarian at 5070.  Fair use can be seen as a continuum, starting with safe harbor rules and extending to those uses that go beyond the safe harbor rules.  The different steps on the continuum of fair use are addressed in Section IVB. Each item must include a notice of copyright (e.g., "Copyright 1990 by Academic Books, Inc.") even if the material falls within the fair use safe harbor guidelines.

 

2.  Where do I obtain permission for copying?   If copyright permission is necessary, there are several ways to go about obtaining copyright permission.  At the present point in time, university practice is that employees who wish to use copyrighted material are responsible for obtaining copyright permission.  Librarians are available to provide information on where to write or call to obtain copyright permission.  The Book Store on campus also offers clearance for course packs or electronic reserve items as long as there is advance notice (6-8 weeks). Contact the Text Book Manager at 5232. Permission may also be obtained through the Copyright Clearance Center . Check with your department chair on any departmental payment procedures that might apply.  The Office of General Counsel is available to offer assistance on legal issues that arise with respect to copyright.

3. What if I have trouble gaining permission? Can I still use the work?

If due diligence has been used to obtain permission to use the work, but the copyright owner cannot be found or determined, you may be able to justify use of the work under the fair use doctrine. Due to the current lengthy term of copyright in the United States, and the variety of rules that have applied over time to the requirement (or not) for registration of a work, there are many works whose owners may be impossible to identify or locate. These works are known as "orphan works". The US Copyright Office is studying this issue and how to address it.




links updated 6/5/08 rab