This post educates librarians and information professionals with essential facts about copyright law. Librarians and information professionals need to be aware of these copyright facts and also be able to make others aware of copyright law through informal and formal copyright education. Start here to get educated about copyright law!
Librarians and Information Professionals, Start Your Copyright Education Here
Librarians and information professionals are often the gatekeepers to traditional and electronic content accessed and used in their organizations. By the very nature of that role, librarians and information professionals are also interpreters of copyright law and digital licensing agreements. Some of the common questions librarians and information professionals face on a daily basis are the following.
May I make one copy of an article from a journal licensed by our library?
Does fair use apply to the photocopying of 20 articles for an in-house seminar in our organization?
Do we need permission to use an image in a presentation that we found through Google images?
Sound familiar? What other questions do you receive in your library and organization about copyright law and terms and conditions in license agreements? And how do you answer the myriad of copyright questions that you receive each day?
Unfortunately copyright law is not straight-forward and there is no book of “copyright rules” for librarians and information professionals. Rather the Copyright Act is interpretative and we must apply our particular facts to the law to determine when and whether permission is needed from a copyright owner, and when we can use copyright materials without first obtaining permission. To get you started, below are five facts to educate librarians and information professionals about copyright law.
Fair Use is Ambiguous and Flexible
Fair use is intentionally ambiguous. You can never know for sure whether your use of content falls within the fair use factors unless it is decided by a judge in a court of law. That’s how the provision (Section 107) in the U.S. Copyright Act was written.
The plus side of this ambiguity is that fair use is flexible and is adaptable to changing needs and uses of content. Taking time to understand the four fair use factors – purpose and character of use, nature of the copyrighted work, amount of the portion copied, and effect of the use on the potential market of the work – and how they have been applied in court cases will help you make your own judgment calls when applying fair use in your organization.
There is No Substitute for Obtaining Copyright Permission
If you have determined that you need copyright permission to use copyright materials then you must obtain permission before using those materials. If you email, snail mail and/or call a copyright owner (or their representative) but never receive a reply, all your efforts do not entitle you to use that content without the copyright owner’s permission.
Note that some countries outside the U.S. do have special provisions for the use of these orphan works. For example, in Canada you can apply for an unlocatable copyright owner license for the use of a work whose author cannot be determined or who is unlocatable.
Occasionally You May Need to Obtain Permission to Use U.S. Government Materials
Maps, brochures and others works prepared by U.S. federal government employees do not have copyright protection in them and are in the public domain. They can be used freely by anyone.
Although many U.S. government documents and materials are not protected by copyright and are free for anyone to use, not all government materials are available for free use. The U.S. government may own copyright in materials through an assignment or bequest. As an illustration, a consultant who prepares a report for the U.S. government will own copyright in that report unless he assigns it in writing to the government.
For greater detail, see Copyright Law in U.S. Government Works.
Consult Your License Agreements on a Regular Basis
When you have a license agreement with a vendor or database publisher, for example, each use of an article or portion of the database is governed by the terms and conditions of that license. So if you want to share a PDF full-text article with your boss or an outside consultant, review the terms and conditions of the license to see what is permitted. Do not assume that you can use licensed content in any way that you want – your license governs the terms and conditions of that use.
Online Images May be Protected by Copyright Law
Images found online may be protected by copyright law. Many people think that the images found in Internet searches are in the public domain. That is not true. Just because an image is online does not mean that it is not protected by copyright. So always start with the assumption that those images are protected by copyright until you investigate and determine their copyright status.