Frequently
Asked Questions About Copyright
1.
What is copyright?
2.
What does copyright protect?
3. What is copyright infringement?
4. Why should I care about copyright?
5. Why can't I do what I want with
books, magazines, videos, CDs, or other things
that I’ve bought? I’m not making any
money from it!
6. Doesn't everybody copy MP3s?
7. What about "Fair Use"?
After all, this is a college, and we’re not
making a profit!
8. How can I tell when something
is "Fair Use"?
9. What other copyright guidelines
should I follow?
1.
What is copyright?
Copyright
is a form of protection grounded in the U.S. Constitution
and granted by law for original works of authorship
fixed in a tangible medium of expression. Copyright
covers both published and unpublished works.
2.
What does copyright protect?
Copyright,
a form of intellectual property law, protects
original works of authorship including literary,
dramatic, musical, and artistic works, such as
poetry, novels, movies, songs, computer software,
and architecture. Copyright does not protect facts,
ideas, systems, or methods of operation, although
it may protect the way these things are expressed.
3.
What is copyright infringement?
As
a general matter, copyright infringement occurs
when a copyrighted work is reproduced, distributed,
performed, publicly displayed, or made into a
derivative work without the permission of the
copyright owner.
4. Why should I care about
copyright?
As
a resident of the United States and a member of
the Willamette community, you are subject to the
copyright laws of the U.S. and the Willamette
University Copyright Policy. When doing research,
writing papers and producing materials for class
projects you may need to use materials that are
copyrighted. The illegal use of copyrighted materials
constitutes criminal theft, whether it is the
unauthorized copying of software, distribution
of music or video without the permission of the
artist or publisher, or publication of quoted
sections of text without proper attribution, to
name a few examples.
One
particular issue facing students right now is
the illegal distribution of copyrighted MP3 files.
Sharing such files may be grounds for enforcement
action by the copyright owners. There have been
several instances in which college and university
students have paid fines of up to $18,000 for
such sharing.
5.
Why can't I do what I want with books, magazines,
videos, CDs, or other things that I’ve bought?
I’m not making any money from it!
Because
the person or company that creates intellectual
property owns it, even if you own the object that
embodies it. Copyright law gives intellectual
property owners the right to control COPYING,
ADAPTING, and PUBLIC DISPLAY OR PERFORMANCE.
6.
Doesn't everybody copy MP3s?
All
MP3 music audio files contain copyrighted material.
Aside from clips that you are invited to download
from promotional sites on the Web, most MP3s are
not intended to be copied to your hard disk or
sent to someone else without payment to the copyright
owner. The Recording
Industry Association of America (RIAA), is
a good source of information from the perspective
of the major companies that own copyrights on
musical recordings.
7.
What about "Fair Use"? After all, this
is a college, and we’re not making a profit!
Fair
Use typically applies to curriculum-related intellectual
property that is used by students and faculty
in a particular course. But even for course work,
copying a whole CD or video is not an acceptable
alternative to buying an original.
Using
someone else's intellectual property on a web
site -- even a course-related web site -- usually
can't be considered Fair Use because the potential
audience is so large.
Extracurricular
activities have a harder time fitting under the
fair use umbrella because they are not curricular.
8.
How can I tell when something is "Fair Use"?
Fair
Use is determined by applying 4 FAIR USE FACTORS
when you copy, adapt, show, perform, or transmit
someone else’s intellectual property.
FACTOR
# 1 PURPOSE AND CHARACTER OF USE
Educational
use is favorable when applying this factor.
FACTOR
#2 NATURE OF COPYRIGHTED WORK
Use
of very creative works (such as images and music)
is severely limited.
FACTOR
#3 AMOUNT/SUBSTANTIALITY/PORTION IN RELATION TO
WHOLE COPYRIGHTED WORK
Smaller
is usually better, but sometimes just a few seconds
of a song, for example, can convey the heart of
it. The whole of anything– cartoon, poem,
image – would rarely be considered fair use
except in a classroom setting.
FACTOR
#4 EFFECT OF USE ON POTENTIAL MARKET
When
an item can be purchased, copying it has a clear
market impact. But often the market impact is
more subtle. Copyright owners, especially in the
commercial sector, do not tolerate the theft of
their text, images, music, etc.
* * * ALL 4 FACTORS COUNT * * *
