Copyright

What is Copyright?

Copyright is the legal protection of all forms of creative expression on any form of media. Be aware of the limits of the fair use of intellectual property, which is protected under copyright law in cyberspace as well as the real world.

Protected Property

To the general public, intellectual property, in the form of computer software and digitized entertainment, is a highly tempting target for reproduction and distribution. But intellectual property is protected under copyright law in cyberspace as well as the real world, and you need to be aware of the limits of your fair use. Illegal duplication, file-sharing, or use of any type of intellectual property constitutes copyright infringement and could be subject to College disciplinary action and civil and criminal penalties, including fines.

Creators Own Exclusive Rights

Copyright law generally gives authors, artists, composers, and other such creators the exclusive right to copy, distribute, modify, and display their works or to authorize other people to do so. Additionally, creators’ works are protected by copyright law from the very moment that they are created — regardless of whether they are registered with the Copyright Office and regardless of whether they are marked with a copyright notice or symbol. That means that virtually every email message, posting, web page, or other computer work you have ever created - or seen - is copyrighted.

Limited Use

According to the Copyright Law which took effect January 1, 1978, a faculty member may make a single copy of the following materials for use in scholarly research or in preparation for teaching a class:

• A chapter from a book.

• An article from a periodical or newspaper.

• A short story.

• A short poem.

• A short essay.

• A chart, graph, diagram, cartoon, or picture from a book, periodical, or newspaper.

One copy of an article may be placed on closed reserve in the Library. Additional copies can be placed on closed reserve if permission is obtained from the author or publisher and/or royalty is paid to the publisher for each additional copy.

You may reproduce copyrighted materials only if one of these four instances apply:

• The owner has given you permission.

• The work is in the “public domain.”

• It falls under “fair use.”

• You have an “implied license” to do so.

Users are strongly urged to conduct additional research regarding copyright law.

Please note: Do not reproduce copyrighted material in any form and on any media, unless you are given permission to do so.

Piracy

Piracy is the popular term for the illegal activity that is more correctly known as copyright infringement. Software piracy involves the violation of license agreements and occurs when you download, copy, file-share, install, or distribute digitized material in the form of computer software programs and entertainment media without authorization from the owner/creator.

License, Not Ownership

The purchase of a computer program or any form of entertainment or artistic expression on any type of media that includes, but is not limited to, CD, DVD, mp3 file, video, or audiotape, simply gives you a license to use your personal copy; purchase does not constitute ownership of the “intellectual property” on the media. The U.S. Copyright Act expressly protects the intellectual property contained in these media and grants the creators exclusive rights to copy, adapt, distribute, rent, and publicly perform and display their works.

Punishment

Companies in the entertainment and computer software industries have the right to prosecute individual offenders in civil courts and sought monetary damages. The U.S. government can impose fines or imprisonment, or both.

Audio Entertainment

RIAA, Recording Industry Association of America, the trade group representing U.S. sound recording companies, is the force behind the prosecution of individuals for copyright infringement through downloading or uploading of music through illegal peer-to-peer networks and CD piracy. The RIAA asks consumers to support the industry by downloading music from legitimate sites such as those on the list at musicunited.org instead of engaging in piracy.

Video and Film Entertainment

MPAA, Motion Picture Association of America, works to prevent piracy of film and video products. The MPAA estimates that piracy of video content costs the industry more than $3 billion annually in potential revenue in the U.S., not including Internet losses, which are difficult to calculate.

The MPAA lists many types of materials subject to pirating: Optical Disc, which includes Laser Discs (LD), Video Compact Discs (VCD) and Digital Versatile Discs (DVD); Internet, videocassette and broadcast; downloadable media; hard goods; streaming media; circumvention devices; camcording; screeners; back-to-back copying; signal theft; and public performance.

Computer Programs

BSA, Business Software Alliance, which describes itself as the voice of the world’s commercial software industry, estimates that the U.S. has lost billions of dollars annually in wages and tax revenues, and thousands of individuals have lost jobs. The BSA describes the following scenarios for software piracy:

• Using one licensed copy to install a program on multiple computers;

• Copying disks for installation and distribution;

• Taking advantage of upgrade offers without purchasing a legal copy of the version to be upgraded;

• Acquiring academic or other restricted or non-retail software without a license for commercial use;

• Swapping disks with others;

• Downloading software from various Internet sources such as pirate websites, peer-to-peer networks, and auction sites that offer counterfeit software.

The BSA also notes that pirated computer software does not save you much when you consider the problems associated with illegal copies: defective software, little or no documentation or technical support, no warranties, a greater exposure to viruses, and ineligibility for software upgrades.

The penalties for copyright infringement include collection of damages ($100 - $50,000), injunction against further copying, recovery of court costs and attorney fees, and one year imprisonment. A complete text of the law and accompanying material from the Copyright Office is available. Please review the brief tutorial created by the Mount Carmel Health Sciences Library on Copyright & Fair Use:  https://libguides.mccn.edu/copyrightbasics