Copy and Print Center

Copyright

What is Copyright?
A set of legal rights given to authors to protect their original, creative expression. These rights give the owner exclusive authority to, and authorize others to:

reproduce the work in copies
adapt the work
distribute the work to the public
perform the work publicly
display the work publicly

How is a Copyright Obtained?
Protection exists immediately, from the moment the work is created in a fixed form.
Copyright Notice is no longer a requirement to obtaining a Federal copyright. You do not need to publish, register, or perform any other action in the Copyright Office.

What is covered?
Original works that are fixed in a tangible form of expression, including:

Literary works
Musical works - including accompanying songs
Dramatic works including accompanying music
Pantomimes and choreographic works
Pictorial, graphic, and sculptural works
Motion pictures and other Audiovisual works
Sound recordings
Architectural works

What can I copy without permission?

Works that have entered public domain
US Government Publications
Copyrighted materials that fall under the guidelines of Fair Use

What is Fair Use?
Teachers may reproduce copyrighted materials for classroom use and for research without permission and without paying royalties.

copying of works not considered an infringement of Copyright protection.
reproduction are for purposes of criticism, comment, news reporting, teaching, scholarship, or research

Factors of Fair Use - 4 Aspects
To qualify, these factors must be taken into consideration:

the character of the use - nonprofit, educational
the nature of the work - factual
the quantity of the work to be used - small amount
the effect on the market - loss of potential revenue

Guidelines for Classroom Use
Multiple copies can be made for one event, with one copy per pupil, for one course under the following conditions:

Copying meets the test of brevity and spontaneity
Copying meets the test of cumulative effect
Each copy includes notice of copyright

Brevity
As defined in the dictionary: a short and concise expression.

a complete poem if less than 250 words and fits on 2 pages
an excerpt from a long poem, not to exceed 250 words
a complete article, story or essay fewer than 2500 words
an excerpt from a larger work not to exceed 10% of the whole or 1000 words, whichever is less
One chart, graph, diagram, cartoon or picture per book or per issue of a periodical

Spontaneity
As defined in the dictionary: arising from a momentary impulse.

The copying is at the instance and inspiration of the individual teacher
The decision to use the work does not allow time to request permission

Cumulative Effect
Something made up of accumulated parts.

The material copied is for only one course
Only 1 short poem, article, story or essay or 2 excerpts from the same author, or 3 from the same collective work or periodical
Up to 9 instances of multiple copying for one course during one class term

Notice
Copies must display reference to the original owner, including:

Authors name
Title
Date
Source

For a complete listing of the proper formatting when providing a citation, please click on the following URL: http://www.chabotcollege.edu/Library/onlineref/cited/html

Prohibitions

consumable materials such as workbooks, exercises, standardized tests, test booklets, answer sheets, etc.
copying used to create, replace or substitute for anthologies, compilations or collective works
copying to substitute for the purchase of books, reprints or periodicals
copying cannot be repeated by the same teacher from term to term
cannot be charged beyond the cost of photocopying

Resources

US Library of Congress, Copyright Office
www.copyright.gov

Motion Picture Licensing Corporation
www.mplc.com

Broadcast Music, Inc.
www.bmi.com

American Society of Composers, Authors and Publishers
www.ascap.com

Chabot College

Copy and Print Center

Copyright