If you do not have a clear understanding of the U.S. Copyright law, especially that which applies to Internet resources, you might inadvertently be teaching your students to steal without realizing it. Here are the most basic facts you and your students need to know to avoid copyright infringement.
Copyright basics: what can or can’t be copyrighted
Copyright is literally the right to copy information. In most cases, that right belongs to the person who created and “fixed” the work in its finished form. Original literary, dramatic, musical, and artistic works can be copyrighted. That covers a wide range of material such as poetry, novels, photographs, cartoons, movies, songs, computer software, and architecture.
Material that is not original but copied from others cannot be given copyright protection.
Facts and ideas cannot be copyrighted, nor can operating procedures. However, the way facts, ideas, and procedures are expressed may be able to be copyrighted. That is why dozens of poems saying spring is the season of renewal can each be afforded copyright protection: each one expresses the basic idea differently.
Other items that cannot be copyrighted are discoveries and inventions, which can be given patent protection, and words, phrases, and symbols and designs used to identify the source of goods or services. Those can be given trademark protection.
Four mistaken ideas about copyright
Many people hear the term “public domain” and mistakenly believe that material that is on public display, such as material in blogs or websites, is OK to copy. That is not true. The term public domain has nothing to do with the accessibility of the material: it usually means any copyright on the material has expired.
Many people think that unless something bears a copyright notice they can duplicate and share the information freely. That is not true. Copyright legally exists as soon as a work is created and fixed in some tangible, perceptible form. It is not necessary for a work to be registered with the copyright office or even for the work to contain a copyright notice.
Some people mistakenly believe that they may copy material from the Internet as long as they don’t make any money from using the material. That is not true either.
Other people think as long as they share the material just with a few people, it is OK to copy it. That is definitely not true. Sharing copyrighted material with even one other person is an infringement of the copyright owner’s legal rights.
Fair use is limited to small portions
Under a provision of the copyright law called fair use, you or your students can legally reproduce a small portion of a copyrighted work in a review or a discussion of the work, such as a research paper. The law, however, does not define what a “small portion” is. Many scholars consider fair use to be less than 10 or 20 percent of the whole work, but copyright holders are not so generous.
It is safe to assume that anything which can be downloaded as a single item should not be copied and shared even with one other person without prior written permission of the copyright holder even if the name of the copyright holder is clearly displayed on the material. That means a single photograph, a single web page, a single PDF, a single cartoon or this single blog post should not be shared unless the user has secured the copyright holder’s permission in advance.
Hyperlink use is acceptable
It is acceptable to provide a hyperlink to copyrighted material without notifying the copyright holder in advance. That allows the copyright holder to retain control over the material, which is the purpose of copyright, while allowing others a way to incorporate the material in their work.
The US copyright office website http://www.copyright.gov gives detailed information about the copyright law written in remarkably clear language. The site also has kid-friendly tutorial in comic-strip format, “Taking the Mystery out of Copyright.”
©2010 Linda G. Aragoni.