Copyright Assistance

Whom to Contact with Copyright Questions?

Librarians, scholars, and educators may contact Janice Pilch, janice.pilch@rutgers.edu or any other member of the subcommittee.

NOTE: Replies to queries are for informational purposes only. They do not constitute and should not be interpreted as legal advice. The information we provide does not reflect any policy or practice of ASEEES. We will be happy to provide guidance based on our expertise and experience in copyright issues as individual librarians and scholars.

Navigating a Complex and Dynamic Ecosystem

Copyright is integral to individual freedom of expression and to peoples’ ability to benefit from their own work in print, digital, and broadcast media. Copyright makes it possible for musicians to make a living from their music, for writers to dream of writing a bestseller, for filmmakers to recoup production costs by distributing their films, and for visual artists to be recognized for their original creations. It allows faculty and student authors the freedom to publish their works in venues of their choice to achieve success, and to make individual choices as to how and when their work is made available to the public. Copyright offers individual freedom for people everywhere to benefit from their intellectual and creative talent. It is recognized as a human right in Article 27 of the United Nations Universal Declaration of Human Rights that states: “Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.”

When you are assessing the copyright status of a work, it is important to note that copyright laws differ from country to country and no two are alike. National copyright laws apply on the territory of each country. U.S. copyright law applies for uses of works within the United States, but in using a work created or first published in another country, you may need to refer to that country’s laws to determine the copyright status of the work. You may also need to assess generally the global copyright status of the work. Publishers may ask you to do this because they have concerns about liability resulting from possible infringement.

International copyright law is a complex and dynamic ecosystem. Since the early 1990s, the copyright environment in the nations of the Central and Eastern Europe and Eurasia has changed significantly.

  • After the fall of Communism, Central, East European and Eurasian nations joined the Berne Convention and other international copyright treaties as newly independent states. Many have joined the European Union.

  • In the past thirty years, they have amended existing national copyright laws or enacted new copyright laws entirely. These laws continue to be amended in response to national policy decisions and to comply with international norms. EU members have amended their laws to comply with European Union directives and are currently implementing the European Union Directive on Copyright in the Digital Single Market.

  • Since the mid-1990s, the politics of copyright have taken on a new meaning. While nations adhere to longstanding international norms to protect the livelihoods of creators and other rightsholders, broad advocacy coalitions work against the system which they view as constraining. Advocacy may accurately reflect, or it may misrepresent the nature and purpose of copyright law. This reinforces the need for librarians, scholars, and educators to judge the veracity of information they receive concerning copyright law and its application.

    • The internet has enabled digital information, including infringing content, to proliferate. Distinguishing between legitimate publishers, platforms hosting lawful copies, platforms hosting a mix of lawful and unlawful copies, and pirate sites is not always easy.

The ASEEES CLIR Subcommittee on Copyright Issues fills a need for expertise in copyright for Slavic and East European materials. Librarians handling material created or published in Central and Eastern Europe and Eurasia need to be aware of how it may be used lawfully, both out of concern for users who may approach them with questions, and in conducting their own work. As libraries create more original digital content, as they endeavor to improve access to the content of other copyright holders through digitization initiatives, and as educational institutions adopt open scholarly publishing models and open educational resources, this is an ongoing concern. Scholars, in particular, often have questions when using copyrighted works in their own publications. The very question of whether a work is in copyright or in the public domain involves unique expertise.