1. What Is Copyright?
Staff Development Training
April, 2009

2. What Is Copyright?
 “Copyright is a form of protection for
intellectual property provided by the laws of
the United States (title 17, U.S. Code) to the
authors of ‘original works of authorship.’ This
protection is available to both published and
unpublished works.”
 http://www.copyright.gov/circs/circ1.html#wci

3. What is Intellectual Property?
 Copyright—protects creative works.
 Trademark—a distinctive symbol/sign.
 Patent—granted for inventions.
 Industrial Design Rights—protects the appearance,
design, or style of objects.
 Trade Secrets—information not known by the general
public that could hurt business/company/product
economically if it is revealed.
 http://en.wikipedia.org/wiki/Intellectual_property

4. Why Is Copyright Important?
 Because it is the law.
 The copyright statute is found in Article 1, Section 8
of the United States Constitution.
 “Congress shall have the power ‘To promote the
progress of science and useful arts, by securing for
limited times to authors and inventors the exclusive
right to their respective writings and discoveries.’’
 http://www.lib.ncsu.edu/scc/tutorial/basics.html

5. History of Copyright
U.S. law based on the 1709 British law called
the Statute of Anne
 An Act for the Encouragement of Learning, by vesting the
Copies of Printed Books in the Authors or purchasers of such
Copies, during the Times therein mentioned.
 The first copyright law in the UK.
 Named for Queen Anne.
 Fully enforced in 1710.
 http://en.wikipedia.org/wiki/Statute_of_Anne

6. History of U.S. Copyright
 1790 U.S. Statute
 1909 Copyright Act
 1976 Copyright Act

7. What Works Are Protected?
 Literary works
 Musical works
 Dramatic works
 Pictorial, graphic, and sculptural works
 Motion pictures and other audiovisual works
 Sound recordings
 Pantomimes and other choreographic works
 Architectural works.
 http://www.copyright.gov/circs/circ1.html#wwp

8. When Does Copyright Begin?
 Immediately.
 The work must be in “fixed form.”
 Belongs to the creator.
 Only the author (or those to whom the author has
given rights) can use the work lawfully.
 http://www.copyright.gov/circs/circ1.html#wccc

9. Length of Copyright
 1976 Act – made the length of the copyright life of the
author plus 50 years.
 1998 Amendment
 Person—extended copyright to life of the author
plus 70 years.
 Corporate—95 years after date of first publication
or 120 years after creation, whichever comes first.
 Visual Art—life of the author (applies to works
created after 1990.

10. Is the Copyright Notice Needed?
 Under current U.S. law, the use of the copyright
symbol © is no longer necessary to protect the rights
of the author.
 May be some advantages to using the symbol.
 Older works (before 1989) require the © in order to
be protected.
 http://www.copyright.gov/circs/circ1.html#wccc

11. What Is Not Protected?
Several categories of material are generally not eligible
for federal copyright protection. These include:
 Works that have not been fixed in a tangible form of
expression (for example, choreographic works that
have not been notated or recorded, or improvisational
speeches or performances that have not been written
or recorded).
 Titles, names, short phrases, and slogans; familiar
symbols or designs; mere variations of typographic
ornamentation, lettering, or coloring; mere listings of
ingredients or contents.

12.  Ideas, procedures, methods, systems, processes,
concepts, principles, discoveries, or devices, as
distinguished from a description, explanation, or
illustration.
 Works consisting entirely of information that is
common property and containing no original authorship
(for example: standard calendars, height and weight
charts, tape measures and rulers, and lists or tables
taken from public documents or other common
sources).
 List taken from: http://www.copyright.gov/circs/circ1.html#wnp

13. What are the Rights of
the Copyright Holder ?
The copyright holder has the following exclusive rights:
 To reproduce the work
 To prepare derivative works
 To distribute copies of the work
 To publicly perform the work
 To publicly display the work directly or by
telecommunication
 To publicly perform a sound recording by digital
transmission
 http://www.lib.ncsu.edu/scc/tutorial/basics3.html

14. When Can an Original
Work be Freely Used?
 When the copyright has expired.
 When the original was prepared by a federal
governmental employee.
 When the copyright has been lost.
 When the work belongs to the public domain.
 Works that lack enough originality to qualify for
copyright protection.

15. What Is the Public Domain?
 The body of works not protected by copyright.
 Copyright has expired.
 Not eligible for protection under the law.
 They can be freely used by anyone at anytime.
 They must be properly cited in order to avoid
plagiarism.
http://en.wikipedia.org/wiki/Wikipedia:Public_domain

16. What About
Unpublished Works?
 Copyright applies just as if the work was published.
 If created after 1978: life of author + 70 years.
 Created before 1978 but not published: Life + 70 years or
12-31-2002, whichever is greater.
 Created before 1978 but published between then and 12-
31-2002: Enters public domain 12-31-2047 or life of author
+ 70 years, whichever is greater.
 http://www.unc.edu/~unclng/public-d.htm

17. How Do You Register a Work?
 File proper form with the U.S. Copyright Office.
 Pay $45 fee (subject to change).
 Why register?
 Establishes a record of ownership.
 Enables the owner of the © to sue in federal court.
 Entitlement to damages.
 http://www.copyright.gov/

18. How Does Copyright
Apply to Libraries?
 First Sale Doctrine
 Public Display
 Unsupervised Reproduction Equipment
 Software
 Replacement copies
 Performances

19. What is First Sale Doctrine?
 Allows the person who purchased a copyright protected
product (book, photograph, DVD, etc.) to sell or give
away the item as long as it was legally obtained.
 Once the item is sold, the author does not have any
control over the item as long as no other copies are
produced.
 No additional royalties are owed.
 Allows libraries to have book sales, to accept donations,
to dispose of books (etc.) as necessary, and to circulate
books.
 http://en.wikipedia.org/wiki/First-sale_doctrine

20. How Does Public Display
Affect Libraries?
 The statute states that the owner of a copy
may display that copy, without the permission
of the copyright holder, to people present
where the item is located.
 This statute does not allow transmissions of
any kind or displays on the Internet.
 Does this allow libraries to make copies of
book jackets or to print the cover from the
Internet for displays?

21. Unsupervised Reproduction
Equipment?
 Copier machines, faxes, scanners, etc.
 The library is not liable for unlawful copies
made by a user if the equipment displays a
sign or notice that use of the machine is
subject to copyright law.
 The copy is the property of the user.

22. How Does Copyright Affect
Software in the Library?
 Loaning
 According to the statute, “Nothing in this subsection shall
apply to the lending of a computer program for nonprofit
purposes by a nonprofit library, if each copy of a computer
program which is lent by such library has affixed to the
software package a warning of copyright in accordance with
the Register of Copyrights regulation.”
 Licensing agreement
 Contracts between user and copyright holder.
 Governed by state law.
 May grant more or less rights.

23. What About
Replacement Copies?
According to the statute, a library or archives can make
replacement copies with the following provisions
If
 No direct or indirect commercial advantage is
achieved.
 The collection is open to the public or researchers.
 The copyright notice appears on the copy.
 The purpose is to preserve, to secure, or to deposit an
unpublished work or to replace a damaged, lost,
deteriorating, stolen, or obsolete published work and:

24. If
 The library or archives makes a reasonable effort to
determine that a replacement copy cannot be obtained
at a fair market price
 A digital copy is not made available outside the
building (or main premises)
 The device/machine necessary “to render perceptible”
the copy is no longer manufactured or readily available
at a fair market value.
 Gassaway, Lolly. Copyright Law in the Digital Age course materials, 2009.

25.  Since the copyright holder is the only person legally
able to publicly perform the work, all others must
seek permission.
 Movies, plays, music, etc.
 The law allows the following exceptions:
 Non-profit performance (does not charge admission or earn
a profit for the performers, organizers, etc.) of a non-
dramatic literary work.
 If a fee is charged, the proceeds (minus production costs)
are used for educational, religious, or charitable
organizations.
What About Performances?

26. How Does Copyright
Affect the Internet?
 Applies just like any other format.
 As soon as a web page is created, the author or
publisher holds the copyright.
 No notice is required on the web page for the content
to be protected.
 You will need to seek permission from the copyright
holder to use copyrighted material (a photograph,
article, company logo, etc.).
 You can include a link on your web site to another
web page without violating copyright.

27. What is the Copyright
Clearance Center?
 Nonprofit organization created in 1978
 Collects royalties due to copyright holders
 Services:
 Individual—pay-per-use
 Business—annual licensing agreement
 Academic Institution
 Academic Permission Service
 Electronic Course Content
 Pay-per-use
 Digital Permission Service
 Campus-wide License
 http://www.copyright.com/

28. What is Copyright
Infringement?
 The use of lawfully protected material in an
unauthorized manner.
 Piracy, sharing, downloading, copying, etc.
 Violates the exclusive rights of the copyright holder.
 Actual copying— “striking similarity” and prove access.
 Misappropriation—”substantial similarities” and prove
protectable.
 http://en.wikipedia.org/wiki/Copyright_infringement

29. What are the Penalties?
 Actual Damages—how much money copyright
holder actual lost because of the infringement
and the amount of infringer’s profit.
 Statutory Damages—settlement for damages
 $750---$30,000 per act (innocent infringement)
 $200---$150,000 per act (willful infringement)
 http://www.copyright.gov/title17/92chap5.html

30. What is Criminal Infringement?
Any person who willfully infringes a copyright shall be
punished as provided under section 2319 of title 18, if
the infringement was committed:
 for purposes of commercial advantage or private
financial gain
 by the reproduction or distribution of one or more
copies of a work valued at $1,000 or more
 by the distribution of a work being prepared for
commercial distribution
 http://www.copyright.gov/title17/92chap5.html#506

31.  For works having a retail value of $2,500 or more,
the penalties include:
 Up to 5 years in federal prison
 $250,000 in fines
 For copied works valued at $1,000 or more during
a 180 day period, the penalties include:
 Up to 1 years in federal prison
 $100,000 in fines
 Gassaway, Lolly. Copyright Law in the Digital Age course materials, 2009.

32. Are these Copyrights
or Copywrongs?
 The library buys one DVD copy of the movie Twilight.
It makes a single copy of the purchased title in order
to preserve it and circulates the copy.
 A local librarian prints the covers of bestselling novels
from the Internet and creates a creative tabletop
display.
 The library system buys closed circuit televisions to
mount in all libraries in order to broadcast the covers
of all new arrivals.
 A patron donates a complete American history series
that he copied from PBS.

33. Copyright or Copywrong?
 The reference librarian has spent two days helping
local fourth graders find information for a North
Carolina project, and she wants to make copies of all
the information to save for next year.
 One of the branch libraries has failed to post the
copyright notice on/near the copier machine.
 A local famous person dies, and his family wants to
donate some of his unpublished writings to be
deposited into the genealogy room.
 The genealogists wants to digitize his writings and
post them on the Library’s Internet.

34. Copyright or Copywrong?
 A circulation staff member sends an email to
everyone with a link to an article appearing in the
online version of the local paper.
 The Library Director thinks that the article is so
beneficial that she places a copy on the Library’s staff
page.
 A patron asks a staff member to make several copies
for her.
 Instead of purchasing a new calendar every year, the
bookmobile staff want to make copies of the calendar
that they bought at Wal-Mart for their home use.

35. Copyright or Copywrong?
 While working on her annotated bibliography project,
the Assistant Director copies summaries from
Amazon.com and pastes them into her word
document.
 The Children’s librarian reads a book to her story
time group.
 The library shows a movie as part of the Summer
Reading Program.
 The Library displays a photograph taken by a famous
photographer on its website.
 A librarian ignores the law, stating “who will know.”

36. Why Is Copyright Important?
 What did we learn today?
 How will you use this information in the
future?

37. Thank you For Your Attention!
 Questions?
 Comments?