From Course Objectives

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Copyright Issues

• Many of our users ask questions about copyright issues. One of the most important principles guiding the wiki is "Fair Use." A well-written Wikipedia article on Fair Use is highly relevant. Also, here are a selection of answers to FAQ from the US government's CENDI group:

2.2.1 Are there any limitations to copyright protection?^[1]

Yes, 17 USC §§ 107 through 12035 establish limitations or exceptions on these exclusive rights. One limitation is the doctrine of "fair use," which is set forth in 17 USC § 10736. (See FAQ Section 2.2.2 on Fair Use.) Other limitations include provisions for allowing compulsory licenses, use and copying by libraries, the sale of the work by the owner (See FAQ Section 1.0, Glossary, for definition of the "First Sale Doctrine") and uses which fall outside of the enumerated exclusive rights, such as performances that are not public.

2.2.2 What is "fair use"?

A fair use of a copyrighted work may include the practice of any of the exclusive rights provided by copyright, for example, reproduction for purposes such as criticism comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research. The "fair use" limitation found at 17 USC § 107,37 is not defined in the statute and does not provide a bright line rule for determining what is or is not a fair use. Rather it identifies four factors that should be evaluated on a case-by-case basis in order to determine if a specific use is "fair". These factors, which should be considered together when determining fair use, are:

Purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

Nature of the copyrighted work;

Amount and substantiality of the portion used in relation to the copyrighted work as a whole; and Effect of the use upon the potential market for or value of the copyrighted work. The distinction between "fair use" and infringement can be unclear and is not easily defined. There is no right number of words, lines or notes that qualify as a fair use.

2.4.1 Does the Copyright Law apply to materials on the Internet or the Web?

Yes, the Internet is another form of publishing or disseminating information; therefore, copyright applies to Web sites, e-mail messages, Web-based music, etc. Simply because the Internet provides easy access to the information does not mean that the information is in the public domain or is available without limitations. Copyrighted works found on the Internet should be treated the same as copyrighted works found in other media.

2.4.3 Does fair use apply to the Internet?

Yes, fair use applies to materials and use of works found or placed on the Internet. The same factors will be considered as for fair use in print (see FAQ Section 2.2.2).

2.4.6. Is it a copyright infringement to link from your website to copyrighted material on another?

No. In April, 2000, Federal Judge Harry L. Hupp in his ruling on deep linking in Ticketmaster vs. Tickets.com, Inc., 2000 U.S. Dist. LEXIS 12987 (D. Cal. 2000) states that, "...hyperlinking does not itself involve a violation of the Copyright Act (whatever it may do for other claims) since no copying is involved." Many organizations encourage links by posting terms and conditions and how-to instructions on their websites, usually under the headings of Copyright, Legal Notices, or About Us. For examples, see the Washington Post44and the New York Times45. However, be aware of "other claims" and court rulings which prohibit framing, misuse of trademarks, bypassing advertising, etc.

References

1. ↑ Frequently Asked Questions on copyright, Copyright Basics, CENDI (A US governmental organization of Commerce, Energy, NASA, Defense Information Managers Group)