Copyright Questions

Showing 28 of 41 pages

Out of print and technologically-obsolete material formats

Posted by: Carrie
August 13, 2007 @ 1:56pm
A couple of things:

the copyright law does not allow the library to make back-up copies in case they might be stolen or damaged or whatever. People call these "archive copies" but I have never understood where this notion came from....
Replies: 8

Copyright expirations???? Whats in Public Domain

Posted by: wundercapo
August 13, 2007 @ 9:00am
The answer to Question 1 and 2 is the same: both of these items are now in the public domain, and you can use them without needing permission. The fact that someone owns the physical piece of art (question 2) does not impact the issue of copyright. Also... Read more...
Replies: 1

environmental reports by public utility=pub. domain?

Posted by: ksmith
August 10, 2007 @ 11:55am
Section 105 of the Copyright Act says that the neither the federal government nor its employees may claim copyright in works created in the course of official business. However, there is no similar rule for works created by state or local governments and... Read more...
Replies: 1

Librarians interested in becoming Copyright Scholars

Posted by: Carrie
August 3, 2007 @ 12:54pm
The ALA Office for Information Technology Policy is seeking individuals interested in serving as a Copyright Scholar for the Copyright Advisory Network.

The Copyright Advisory Network (CAN) is a Web site ( and... Read more...
Replies: 0

copyright policies

Posted by: MKardick
August 1, 2007 @ 1:58pm
Sorry, you misunderstood my "look for an answer" I meant to look here. I had to go find where it was written. It is a policy approved by our school board and included in all of our student handbooks under plagiarism. Here is the link to our handbooks:... Read more...
Replies: 4

international photographs and permissions from their subjects

Posted by: AFry
August 1, 2007 @ 7:50am
I know virtually nothing on this subject, but I'll try to find out.

Here's a link that might be useful. Scroll down to privacy and plubicity rights.

I'll post again in a...
Replies: 2

Podcasts, children's literature, & schools

Posted by: AFry
July 16, 2007 @ 6:21pm
Could it be argued that this is fair use? Yes.
Should it be? Let's save that for later.

1. Educational. For.
2. I'm assuming creative. Against.
3. 100%. Against.

Does 1 trump 2+3? In this...
Replies: 1

Would it be copyright to do this...

Posted by: ksmith
July 15, 2007 @ 5:50am
I don't see that there is any copyright problem here at all. To infringe a copyright you have to copy original expression. There is no indication here of what expression is being copied, and the phrase itself is unlikely to be sufficiently original to... Read more...
Replies: 2

Does fair use apply to entertainment/reward?

Posted by: COvalle
July 5, 2007 @ 8:18pm
Hard to say without knowing the specifics, but there are many cases in which fair use is indeed used in or for entertainment, most notably in the creation and sale of parodies.
What's the source?

Without context, I'd guess that...
Replies: 2

dictionary pronunciation key

Posted by: ksmith
July 2, 2007 @ 7:15am
I can see a couple of ways to argue that what you suggest would not be infringement.

First, if you take and reuse only a few such pronunciation keys from an original source, fair use might well apply. You would need to consider the... Read more...
Replies: 2


Posted by: COvalle
June 12, 2007 @ 11:19am
I wanted to mention that changing the medium is likely allowed for personal use- Recording Industry Association of America v. Diamond Multimedia Systems, Inc (
This wouldn't qualify as...
Replies: 5

State Law and Transfer of Copyright Ownership

Posted by: AFry
June 7, 2007 @ 5:57am
ksmith is right. Federal law applies.

Person B's death is irrelevant. If this is an unpublished work, and if Person A died before 1937, then this work is in the public domain. No one has copyright.

If this is an...
Replies: 6

Converting DVDs to Region 1 format

Posted by: CStewart
June 6, 2007 @ 7:52am
I agree with ksmith and this seems to also be the consensus of video librarians on the videolib list. Region encoding is not generally viewed on DRM. Anyone interested in copyright issues related to video might be interested to join or search the archives... Read more...
Replies: 11

E-reserve use for subsequent semesters

Posted by: wundercapo
June 4, 2007 @ 8:43am
Another very interesting article I read recently on Fair Use is "An Empirical Study of U.S. Copyright Fair Use Opinions, 1978-2005" by Barton Beebe.
What may have bearing on this conversation is that Beebe concluded... Read more...
Replies: 6

who owns material on databases?

Posted by: COvalle
May 31, 2007 @ 12:22pm
What the author said is not exactly right. Not all uses of material on the Internet will fall under fair use. Copyright law applies to works on the Internet just as it applies to works not on the Internet. Educational and not-for-profit might have... Read more...
Replies: 1

photocopying database articles and spontaneity

Posted by: AFry
May 31, 2007 @ 8:43am
Hi. Copyright law is intentionally vague and it's not possible to give you a definitive yes or no. However, I believe that what your instructor wants to do is legal.

Brevity and spontaneity come from the Classroom Guidelines which were... Read more...
Replies: 2

Creating posters for school assembly using superhero images

Posted by: AFry
May 18, 2007 @ 4:16am
Short answer:
Assuming the use isn't fair, I'd try the Copyright Clearance Center ( first.

You are obviously in a better position to judge than I am, but this sounds like fair use to me. I'll address this when I... Read more...
Replies: 7

Deejays and prom music

Posted by: COvalle
April 25, 2007 @ 9:48pm
I had thought that some DJs in the United States needed public performance licenses from ASCAP/BMI/SESAC and the like.
Replies: 10

Textbooks and Reserves

Posted by: COvalle
April 18, 2007 @ 1:56pm
If these aren't copies- that is, they're separately purchased books- then this shouldn't be a problem copyright-wise. Generally, it doesn't matter how the library gets them if they're legitimately acquired books. That is, whether the library bought them,... Read more...
Replies: 6

Copyright and Reserves

Posted by: COvalle
April 18, 2007 @ 1:54pm
I am very, very wary of judging content beyond legal requirements for a number of reasons, some of which are possibly assuming legal liability for the use of materials and making ethical decisions for other groups.

In your example...
Replies: 9

ERIC Permissions

Posted by: LuisRodriguez
April 9, 2007 @ 8:49am
We are being asked to provide permission to digitize documents submitted to ERIC by students at my institution (so far, they are masters' theses). Can the Library give such permission?
Replies: 4

Streaming of Audio within a public Library

Posted by: COvalle
March 14, 2007 @ 12:32pm
I had a longer response, but accidentally deleted it. Sorry. :(

I wouldn't want to rely on 108 for this type of activity. Streaming would seem to be distribution, not preservation, and copying for increased or new methods of access aren't... Read more...
Replies: 4

American Poety - Classroom set of copies

Posted by: COvalle
March 12, 2007 @ 11:45am
I will note that while coursepacks by for-profit companies require this type of licensing, coursepacks by instructors may fall under different guidelines, particularly when regarding the multiple copies for classroom use aspect of fair use.
...
Replies: 3

Converting VHS to DVD for Higher Ed.

Posted by: COvalle
March 7, 2007 @ 5:45pm
I'm at a conference this second, so here's a quick reply with the hope that someone chimes in soon-

You won't be able to take advantage of any exemptions other than fair use if those DVDs are commercially available. The educational... Read more...
Replies: 6

use of video clips in student work

Posted by: COvalle
March 2, 2007 @ 11:50am
As always, it depends on the circumstances. You have to examine questions like- how much of the whole are the clips using? How many people are seeing it? How is the work being distributed? And so on. Can you provide more specific information? If you... Read more...
Replies: 3
Showing 28 of 41 pages