Copyright Questions

Showing 19 of 36 pages

Using toy "accessories" in commercial imagery - Is it infringement?

Posted by: MollyKleinman
August 20, 2008 @ 2:22pm
Hello,

It sounds like the kind of use you describe would be creative and transformative enough to get around issues of copyright infringement. However, that doesn't mean an overzealous lawyer at Mattel won't object to your use and sue you... Read more...
Replies: 4

Using photographs and other materials in professional presentations

Posted by: jpoe
August 18, 2008 @ 6:53pm
I have a faculty member that needs to know what is and is not okay when it comes to using photographs and other copyrighted materials in a professional presentation. They are not getting paid for this presentation. So, is it allowable to do a fair use... Read more...
Replies: 6

1952 Russian book & copyright

Posted by: JPilch
August 17, 2008 @ 2:22pm
Hello,

My apologies for the slight delay, due to being away at a conference last week. This is to add to Carrie's and Freya's helpful replies. In order to know for sure whether the works in question are under copyright today in the U.S.,... Read more...
Replies: 4

Library produced video on local cable public access channel

Posted by: Freya Anderson
August 14, 2008 @ 6:18pm
You're absolutely right, romesteve. Copyright in state and local government publications varies state by state. For example, Alaska law is mute on the subject, and several Alaskan agencies assert copyright in their publications.

Even... Read more...
Replies: 1

Use of purchased music on Non-Commercial Radio

Posted by: RuthDukelow
August 14, 2008 @ 3:32pm
I believe it would depend on the terms of your licenses with ASCAP and BMI. You do need permission to broadcast a public performance of a copyrighted work (whether on album, cassette, CD, etc.), but it is possible that your ASCAP/BMI licenses might... Read more...
Replies: 1

Is it legal to download internet video streams?

Posted by: RuthDukelow
August 14, 2008 @ 3:16pm
What are you doing with the shows after you download them? In the Sony Betamax case, the Court said that recording TV shows to watch at a later time (the Court called it time-shifting) was permissible. If you are recording/downloading from the Internet... Read more...
Replies: 1

Physical Toy vs. Clipart

Posted by: RuthDukelow
August 14, 2008 @ 2:58pm
The first question is - is this toy still protected under copyright and/or trademark? I'm guessing that - since you said it has been around since the 60's - that it is probably protected by copyright and perhaps even trademark, since it sounds like it is... Read more...
Replies: 1

Copying videos

Posted by: williamsonl
August 14, 2008 @ 1:43pm
We have come across something odd in our collection and I would like to hear various cases for/against. We have a set of 2 videos produced in the 1970's of a professor at Dartmouth that cover lessons for teaching Shakespeare. These are tapes of the... Read more...
Replies: 1

Ownership of unpaid projects

Posted by: ksmith
August 12, 2008 @ 11:31am
Works created by an independent contractor are only "work made for hire" that is owned by the employer if there is an explicit agreement to that effect and the work falls into one of nine broad categories that are spelled out in the Copyright Act (see 17... Read more...
Replies: 1

Microfilm of 19th Century Newspapers

Posted by: ksmith
August 11, 2008 @ 5:58pm
Only if the microfilming company or the institution contributed original expression. Simply filming a public domain text does not create any copyrights for either entity. One cannot "earn" a copyright in the US merely through "sweat of the brow."
Replies: 3

need to find a copyright training module for faculty to do online

Posted by: ksmith
July 29, 2008 @ 2:36pm
Georgia Harper's "Crash Course in Copyright" is an excellent resource that is directed toward faculty. It is online and available without charge at http://copyright.lib.utexas.edu/.
Replies: 2

blurbs for catalog records

Posted by: JanetCroft
July 24, 2008 @ 12:51pm
Many of the "product descriptions" on Amazon are taken from the publishers' websites of catalogs, but not necessarity all. I think you'd be safest going to the publisher's own description of the item on their own website. Using the customer reviews... Read more...
Replies: 1

Shadow Puppets

Posted by: shadowpuppeteer
July 22, 2008 @ 9:01am
My question is in regards to me creating a shadow puppet show / story performance of Eric Carle’s, “Slowly, Slowly, Slowly, Said the Sloth”. I intend to perform the shadow puppet show only at the library, which is free admission, of course. I would... Read more...
Replies: 2

Is fax transmission considered making a digital copy

Posted by: ksmith
July 22, 2008 @ 8:06am
A fax transmission is not a digital copy, so a printed copy sent by fax is subject to the "analog" rules. I generally think, in terms of ILL, that faxing a copy is fine but that the sending library should not retain the original print in order to avoid... Read more...
Replies: 1

No deed of gift question

Posted by: williamsonl
July 17, 2008 @ 1:39pm
I think you would only run into a problem if the library (or a researcher, I guess) wanted to publish the papers. We have many items like this in our collection and they are used frequently by researchers. We also now try to have a written agreement... Read more...
Replies: 5

use of historic postcards

Posted by: ksmith
July 17, 2008 @ 6:37am
Unfortunately, whenever we have to determine whether works are still in protection, the discussion is messy and ill-suited to this forum. Basically there are two broad questions here: Does the commercial sale of the postcards qualify as publication and,... Read more...
Replies: 2

Summary of an article in a database

Posted by: RuthDukelow
July 15, 2008 @ 8:07am
Abstracts are considered to be original material protected by copyright. I believe that you would need to obtain permission before using someone else's abstract in your database. Or - you could write your own original abstracts for your database....
Replies: 1

Photo editing and copyright

Posted by: ksmith
July 14, 2008 @ 1:52pm
Unfortunately, there is no numerical rule or percentage guide about how much one must change a copyrighted work in order to avoid copyright infringement. As you note, such a rule would be impossible to measure, and courts do not try.
[|n|n|]... Read more...
Replies: 4

Copyrighting Other People's Memories

Posted by: ksmith
July 7, 2008 @ 1:07pm
Orphan works are, by definition, not in the public domain. And in the absence of any legislatively adopted solution (there has been none), using an orphan work subjects one to the risk of the full set of copyright remedies if a rights holder subsequently... Read more...
Replies: 5

Shakepeare and a translation concern

Posted by: ksmith
July 5, 2008 @ 4:29pm
Based on your original question, it sounds like the basic issue is whether your permission from your old mentor to use the young adult adaptations covers the making of a derivative work. To be able to publish and freely use the translation, you either... Read more...
Replies: 6

Copyright in a Nonprofit Organization Library

Posted by: ksmith
June 22, 2008 @ 5:33am
I will leave it to others to comment on the details of your practices, although I will say what you describe seems well outside of accepted practice for interlibrary loan and fair use. It is unusual, I think, for a library to built a collection of... Read more...
Replies: 5

Writing about a real person

Posted by: ksmith
June 16, 2008 @ 5:18am
This is not a copyright question at all, since no person can claim any copyright in the facts (or myths) about his or her own life.

In fact, what you want to do is done all the time by novelists. To take a recent example, "The Dante Club"... Read more...
Replies: 3

Using someone else's logo

Posted by: jdeb
June 2, 2008 @ 7:38am
Late last year, the University of Wisconsin, Madison filed suit against Washburn on trademark infringement, even though Washburn had taken deliberate steps to alter their logo, minimizing any similarities:
[|n|n|]... Read more...
Replies: 4

Design copyright

Posted by: ksmith
May 27, 2008 @ 10:22am
Freya asks an important question; access is half of the usual test for infringement. The other half of the test is "substantial similarity." This two-pronged test is used whenever direct copying cannot be proved.

Since you have seen the... Read more...
Replies: 3

Website that is linked to Blackboard

Posted by: Freya Anderson
May 27, 2008 @ 10:16am
To determine the answer to your question, I think more information is needed. Questions that come to mind for me include: What kind of "information" would be saved? Is it more factual or more creative? Is it available for purchase? How much of the... Read more...
Replies: 3
Showing 19 of 36 pages