Copyright Resources

What is copyright?

Copyright grants certain rights to the authors or creators of "original works of authorship fixed in any tangible medium of expression, now known or later developed."

Source: 17 U.S. Code

Copyright Holder's Exclusive Rights

The right to reproduce (copy) that work (physically or online).
The right to create a work based upon their work (a derivative work - like a movie based on a book).
The right to perform or display their work publicly (put on a play, perform a song, post a copy of an image).
The right to distribute copies of their work to the public (selling, renting, lending or giving it away).
And in the case of audio works, creators retain the right to digitally transmit their work.

How does this affect me?

CCC&TI faculty, students, and staff interact with copyrighted works throughout their work and studies. The LRC offers this copyright resource to assist the college community in better understanding copyright, not as legal guidance.

General best practices in the realm of copyright:

Most materials are copyrighted. This is true regardless of the format, medium, or whether the item has a copyright notice. If you cannot verify an item's copyright status, it is best to get permission.
Permission is required for the use of copyrighted materials. If permission is not granted, then the item should not be used. There are a few limitations on this principle written into copyright right law:
1. Fair Use (see "What is 'Fair Use'?"). 17 US Code §107
2. Face-to-face teaching and performance or display of legally obtained works (not copying). 17 US Code §110
3. Limited Library Reproduction. 17 US Code §108
Each individual is responsible for obtaining permission to use copyright righted works. Do not assume that your instructor, librarian, or college official has handled this for you. If you have a question about copyright, ask!

Copyright & CCC&TI

CCC&TI's Learning Resource Center complies fully with all provisions of the U.S. Copyright Law (17 U.S.C.) and its amendments. The LRC strongly supports the Fair Use section of the Copyright Law.

Researchers are expected to respect and comply with U.S. Copyright Law and the Library’s license agreements in their use of the collections, while fully exercising their Fair Use rights.

Questions regarding copyright and use of library materials should be referred to the LRC Director.

What is Fair Use?

Myth: All education uses are fair use!

Reality: Fair use is a legal defense based upon four factors. Should your use be challenged, a judge will weigh the factors to determine if your use qualifies. Even one factor not qualifying can be enough to cause the judge to rule against you (i.e. effecting market value).

4 Factors of Fair Use (quoted from 17 US Code §107)

" ...the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work."

Myth: If I give credit to the author, I'm not infringing on copyright!

Reality: Attributing the work to the author keeps you from plagiarizing, however giving credit is not the same as obtaining permission. When you are using a work as a source in a paper you are writing, what you are doing is "fair use." Let's look at how you might weight that use:

Your use is educational, usually for critical analysis.
Is your source factual or literary? Facts can not be copyrighted, so uses of factual information are usually weighted in favor or fair use.
Is your use a single quote or phrase? Using a small amount of a work is more likely to be fair use. In contrast, quoting an entire poem might well be considered infringement.
Will your work make it less likely that someone will purchase the works your are quoting?

See it in action! Use the Fair Use Evaluator from the American Library Association to evaluate a fair use argument. Use the "Getting Help with Criteria" to see examples for each fair use claim. Keep a copy of your analysis for your records.