|
Copyright FAQ - Frequently Asked Questions
The following FAQ are a compilation of data from various public
resources and universities. Although care has been taken to provide accurate
information, it must be noted that these answers are not provided by an
attorney and therefore should be researched further.
Why are copyrights
important?
Copyright issues are hard to understand. Knowing and understanding ‘fair use’ standards is critical. We are all potentially liable
for the consequences of our judgments on copyright. Every employee, collaborator and partner of IIM should become knowledgeable about the most relevant portions
of the copyright law. Care must be taken to protect our copyright and not to
infringe on other's copyrights
When is a work considered copyrighted?
Works are copyrighted as soon as it is created. With a few exceptions
(government publications, titles, phrases), every work, published or
non-published, is protected. Works no longer need to be registered with the
Copyright Office to be officially copyrighted. By registering, however, the
copyright owner secures protection to the full letter of the law. If you want to
register something with the Copyright Office, contact the Publications Office. Before 1989, published works had to have a copyright notice to indicate
they were copyrighted. After 1989 however, you should assume that someone's work is
copyrighted unless the owner of the copyright grants permission to
copy.
How can I protect my printed or online content from being copied?
Include the copyright statement on your
work and that will be adequate. Whether you register your work or not, you can
help prevent infringement and make the authorial rights clear by posting the
copyright notice on the work. Be as explicit as possible in letting all those who might see your homepage
know that your work is copyrighted and that anyone wishing to copy any of your
material needs your permission. The best way is to insert a copyright statement
on the bottom of the pages
How do I request permission to make a copy?
-
Send a letter to the
publisher or proprietor with all pertinent information.
-
State the exact pages
or content to be copied, the numbers of copies to be made and how it
will be used.
-
Allow enough lead time for the publisher/owner to
respond.
Who owns work done at or
for the IIM?
IIM owns all work created as part of the job or the scope of project. All
such work would be considered "for-hire work" and copyright would rest with IIM.
IIM owns irrevocable license for any material submitted by the authors
for publishing on IIM website or in other IIM publications.
What is "Fair Use?"
Fair Use comprises Section 107 of the Copyright Act and is deliberately
vague. The fair use doctrine allows a Library to make copies without having to
obtain permission for everything. In many ways, fair use is a law of expediency.
The Library benefits from fair use privileges that grant certain exemptions to
the copyright law's provision that the owner of the copyright alone can make or
authorize the making of copies. The fair use doctrine was set up in recognition
that free exchange of information is beneficial. In short, it accommodates free speech while also protecting the compensatory interests of
authors.
Fair use must be evaluated on a case by case
basis. In each case, four standards are applied:
-
the purpose and character of
the use
-
the nature of the copyrighted work
-
the amount and substantiality of
the portion used
-
the effect of the use on the publisher's potential market
Keep in mind that fair use standards are minimum--not maximum--guidelines.
There are several excellent resources on the Internet describing fair use.
Where can I find the
current Copyright Act?
You will find the Copyright Act of 1976, As Amended in the Primary Materials
section. In addition, the Digital Millennium Copyright Act was signed into law
in late 1998
Click here for a copy of the DMCA .
Where can I find out more
about copyright issues?
There are many excellent resources for additional research on copyright
issues
Click here for organizations taking a
particular interest in copyright.
|
