What is Copyright and How Long is it Valid?
Under the law in effect before 1978, copyright was secured either on the date a work was published with a copyright notice or on the date of registration if the work was registered in unpublished form. The Copyright Act of 1976 extended the renewal term for copyrights that were subsisting on January 1, 1978. For a glimpse at copyright limits and duration see Lolly Gasaway's chart entitled "When U.S. Works Pass Into the Public Domain." Ms. Gasaway is the Library Director and a Law Professor at University of North Carolina.

Since the passing of the Copyright Term Extension Act (1998), a work that is created (fixed in tangible form for the first time) by an individual on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author's life plus an additional 70 years after the author's death.

Works of original authorship include the following categories:

• literary works
• musical scores
• dramatic works
• pantomimes and choreographic works
• pictorial, graphic and sculptural works
• motion pictures and other audiovisual works
• sound recordings
• computer software

Once a work of authorship is fixed in a tangible form, it is entitled to the protections of the copyright laws. The use of a copyright notice is no longer required under U. S. law. Therefore, the absence of this notice does not necessarily mean the work is unprotected. However, because prior law did contain such a requirement, the use of notice may still be relevant to the copyright status of older works.   Although the copyright notice is no longer required, it serves a purpose if parties are brought into litigation and to create a presumption of ownership. The use of the copyright notice (eg., copyright © 2004 John Doe) and registration is the responsibility of the copyright owner. Registration is required to bring a suit for infringement. To formally register one’s copyright, see Formally Copyrighting My Own Work.  The copyright symbol © (together with the word “copyright,” the name of the author and year of publication) can still be used and is a good reminder of intellectual property ownership. Remember that the creator may not be the owner of the intellectual property, e.g., it may have been created in a “Work for Hire” arrangement or by an employee within the scope of his or her employment or the ownership may have been transferred.

Sometimes you will see “All Rights Reserved,” “No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical”...or a similar phrase. These statements frequently confuse people. These statements do not negate or override the Fair Use guidelines for educators. When you have doubts about the copyright status of a work, seek help from an RIT copyright resource person.

What is Fair Use?
Recognizing the need for educators to use materials for research and teaching, lawmakers authorized certain public and private uses of copyrighted works without the permission of the holder of copyright. Section 107 of the Copyright statute permits such copying under certain circumstances for news reporting, criticism, comment, scholarship, research or teaching, and allows multiple copies for classroom use under certain circumstances. In general, educators have the right to reproduce copyrighted materials where the use is reasonable and not harmful to the rights of the copyright owner.

Fair Use is determined by four factors:

1. Purpose or character of the use. Ask whether the original material has been transformed by adding new expression or meaning, and whether your contribution to the work, if any, has led to new value in the original material because you have created new information, aesthetics, insights, or understandings.

2. The nature of the work. Consider the amount of creativity in the original work. You have more scope to use factual vs. fictional material and more latitude if the work has been published or is:

• a compilation of facts or information rather than a creative or imaginative work;
• out of print or unavailable for purchase through normal means;
• not consumable (e.g., workbooks);
• not intended for public performance; or
• newspapers or periodicals containing current events.

3. Amount and substantiality of the portion of the work used in relation to the work. One must consider the quantity as well as quality and importance of work.

4. Effect of the use on the potential market for or value of the work. It is Fair Use if the copying does not damage a portion of the market for the work or encourages a market for the work.

Some excellent scenarios can be found in, Copyright Law on Campus, RIT reference collection (Ref. KF.3030.1.L56. 2003). [Lindsey, M. (2003). Copyright law on campus. Publisher Pullman, Wash : Washington State University Press.]

When analyzing Fair Use, look at the facts relative to each of the four factors. Each can be evaluated in terms of favoring Fair Use or against it. After all four factors are considered, a majority of facts leaning toward fairness often resolves the issue in favor of use. It is important to understand that if one factor is deemed largely against Fair Use then the other three factors should tip largely in favor of Fair Use. Keep in mind that using a highly creative work (e.g. drama) may weigh against Fair Use, but reducing the amount to be copied could balance Fair Use factors and thus qualify as Fair Use.
See Fair Use-related guidelines created by:

• Stanford University
• University of Texas

Keep in mind the ethical message sent to students when reproducing and circulating copyrighted materials. Consider the assumed legal responsibility. "Will my act of copying potentially deprive the copyright holder of income?" When there are doubts about the right to use materials, ask for permission.

The TEACH ACT
Enacted and signed into law in November 2002, the Technology, Education and Copyright Harmonization Act strikes a balance between protecting copyright and permitting faculty to use materials in online education. If an educational institution remains within the boundaries of the law, certain copyrighted works may be used without permission or royalties to the copyright owner.

Within certain limits, the TEACH Act is a new opportunity for the use of commercial multimedia (video and audio) in online teaching / learning. Under the new law, there are numerous responsibilities and procedures for the RIT administration, faculty, and staff to follow, and many of the law’s provisions focus on the behavior of RIT, rather than the actions of individual instructors. Institutions must offer restricted access, develop new policy and disseminate copyright information. Faculty must be apprised of their limits in using digital transmissions to students who complete assignments at home, at work, or elsewhere. Benefits of the TEACH Act:

• Expanded range of allowed works- e.g., online display of performances
• Expansion of receiving locations-to reach students at any location
• Storage of transmitted content-to allow archiving of content on server; students have access for reasonable time
• Digitization-permits digitization of works not already available in that form

Requirements of the TEACH Act - only applies to accredited nonprofits like RIT:

• Copyright Policy-RIT has created policy guidelines that specify standards for instructors to follow when incorporating copyrighted works into online learning.
• Copyright Information-RIT must provide copyright informational materials to faculty, staff and students (RIT Library  Avoid Plagiarism: Cite Right).
• Notice to Students-RIT faculty must provide a notice that course materials are or maybe subject to copyright protection.
• Transmission of content must be solely for students enrolled in a particular course (password protection in myCourses or other courseware platform).

RIT Information Technology Responsibilities -  Faculty need to ensure there are:

• Technological controls on storage and dissemination-such as, software that precludes downloading, transmission viewing time is finite, e.g., only available for the duration of the assigned lesson, and archiving.
• Reasonable measures to prevent students from saving or disseminating materials, e.g., by breaking an object into smaller segments (unappealing to save in segments, also important for page-load speed), segments are available for a limited time.

RIT Instructor Responsibilities

• Choice of curricular materials/content best left to instructors
• Instructor oversight- Materials must be integral to class session, directly relate to teaching content, and be used or displayed at the direction (or under the actual supervision) of the instructor.

• Use of materials not lawfully acquired
• Works primarily marketed via digital networks i.e., works available through online databases or through digital systems

TEACH Act Resources

• American Library Association
• North Carolina State University
• University of North Carolina, Chapel Hill
• Teach Act Guidelines & Checklist - from UT Austin

Unrestricted Materials Use

• There are many published works that are not protected by copyright and may be reproduced without restriction. See the WHEN U.S. WORKS PASS INTO THE PUBLIC DOMAIN chart created by Lolly Gasaway, Library Director/Law Professor, University of North Carolina.
• Works whose copyrights have expired may be reproduced.
• Publications of the U.S. Government may be reproduced without restriction. These publications are considered Public Domain. Works produced for the government by others as part of a grant or special contract may be copyright protected. When you are unsure, copyright should be assumed and you should seek permission to reproduce the material if Fair Use does not apply.
• A privately published compilation of government documents may be protected by copyright if the notice of copyright identifies which portion of the work is protected. The government documents within such a work remain within the Public Domain.

• Instructors may copy and distribute an item, such as an article, book chapter, poem, graphic, that was not preplanned for course materials, i.e., a teacher serendipitously finds information pertinent and of value to students, and such copying and distribution is a permitted Fair Use.
• There is no minimum "magic" number of copies that may be freely made under the Copyright Act. Whether and how many copies you may make for educational and teaching purposes depends upon analyzing the Act's four "Fair Use" factors. Not sure? Contact an RIT copyright specialist for assistance.
• Each student receives only one copy which becomes the student's property.
• Photocopied material bears the copyright notice and a citation that credits the author / creator.
• The photocopied material is supplied at no charge beyond actual cost recovery.

• for brevity:
  “Section 107(3) does not place a numerical limit on how much is too much for Fair Use. Copying an entire work may make this factor weigh against Fair Use, but not rule Fair Use out conclusively. The less you copy, the more likely you qualify for Fair Use. Since there is an infinite number of circumstances that may surround a copyright infringement case, particularly due to the nature of arts in general, it is not practical or realistic to establish hard limits or percentages that define how much 'taking" is too much.” Lindsey, M. (2003). Copyright law on campus. Pullman, WA: Washington University Press.

for spontaneity & cumulative effect:

• The copying is done at the instance and inspiration of an individual faculty member.
• The decision to use the material for maximum teaching effectiveness does not allow sufficient time to request permission or post in library e-reserves prior to its use.
• There is no minimum "magic" number of copies that may be freely made under the Copyright Act. Whether and how many copies you may make for educational and teaching purposes depends upon analyzing the Act's four Fair Use factors. Not sure? Contact an RIT copyright specialist for assistance.

Prohibitions on Copying Printed Materials

• Without written permission from the copyright holder, copying cannot be used to create anthologies, compilations, or collective works, even if copies of various works or excerpts are accumulated or reproduced and used separately, including coursepacks.
• Works intended to be "consumable," such as workbooks, exercises and standardized tests, may not be copied.
• You may not copy to substitute for the purchase of books, publishers' reprints, or periodicals.
• Students cannot be charged beyond the actual cost of photocopying.

Computer Software Copying & Sharing
Technological advances which make the duplication of computer software possible do not make it legal. Consider the following before making a copy of a program disk:

• federal copyright law
• the ethical message inherent in complying (or not) with the law
• the license agreement which accompanies the program
• the potential parties who would be liable in case of infringement

• In an emergency, a copy of a recording can be made to replace purchased copies, if they are not available for an imminent performance. However, purchased replacement copies must be substituted in due course.
• For academic performance (not public performance) multiple copies of excerpts of works may be made, provided that the excerpts do not comprise a part of the whole which would constitute a performable entity, such as an aria or movement. In no instance can the copy be more than 10% of the complete work.
• A single copy may be made of a work for research or in preparation for teaching if it is out of print or unavailable, except in a larger work.
• A single copy may be made of recordings of performances for evaluation by students or rehearsal purposes.
• A single copy may be made of recorded music for aural exercises or examination.
• All copies made must contain a notice of copyright.

• to create, replace or substitute for anthologies, compilations, or collective works.
• consumable works in lieu of purchasing.
• for the purpose of performance, except in an emergency.

• Example of Appearance Release Form

Expedite Securing Copyright Permissions Using Collective Rights Organizations
There are many organizations that can help you secure permission to use copyrighted works. These organizations may act as agents for multiple copyright owners and can expedite the process of securing permission in one of two ways:

• connecting you with the proper copyright owner
• by granting permission on behalf of the copyright owner

• Example of Permission Form to use Student Work

Student Work for Hire
When hiring students in academia to work on a project that will belong to RIT, it is in the university's and students’ best interest to enter into a signed agreement to clarify ownership.

• Example of Work for Hire Form

Library Users & Copying Printed Materials
The responsibility for legally photocopying materials lies with the individual. A statement to this effect is clearly posted at public area RIT photocopiers.Some library staff copying is permitted for archival copies and subject to certain restrictions; non-profit libraries and archives are authorized to reproduce works under Title 17, Section 108, U.S. Copyright Law. Single copies of works or portions of works may be duplicated and distributed by a library employee if:

• there is no direct commercial advantage.
• the library is open to the public or available to researchers in a specific field; and
• the copy contains a citation and copyright notice.

• Professor-owned books, solutions manuals, etc.
• Library-owned books
• Professor-generated materials, sample exams or quizzes, homework solutions, lectures, presentations, etc.
• Copies of selected journal or newspaper articles, chapter readings, etc.
• Links to digital works

The RIT Library follows the Fair Use provisions of Section 107 of the Copyright Act when placing materials on reserve and will not place items on reserve if the nature, scope, or extent is judged by the Library to exceed the reasonable limits of Fair Use, unless there is written permission from the copyright holder. For example, longer works, such as complete books, or consumables such as workbooks, may not be copied for reserve without written permission from the copyright holder. More generally, the Library has the following rules regarding reserve materials:

• All use of course materials placed on reserve are solely for noncommercial, educational use by students and faculty.
• There is no charge for access except for a charge equal to the cost of photocopies or laser prints.
• All materials should contain a complete citation and notice of copyright. A copyright notice will appear on the screen for electronic reserve and on copies made of reserve readings to indicate that materials are or may be covered by copyright law.
• Access to materials on electronic reserve are limited by password or other means to ensure that only students currently enrolled in the course and faculty and staff teaching the course have access to the materials. For non-copyrighted materials or materials where the requesting faculty holds the copyright (e.g. sample exams, quizzes, homework assignments, etc.), faculty may request that materials not be limited by password.
• Materials placed on both electronic and traditional formats are limited to one copy for traditional reserve use.

• B. Thomas Golisano College's Department of Information Technology
• Department of Communication PTC Writing Policy
• Policy on Academic Dishonesty
• Students' Rights and Responsibilities Handbook

Plagiarism Resources

• The RIT Library has a license for Turnitin.com, a recognized global standard in online plagiarism prevention. Turnitin helps educators and students take full advantage of the Internet's educational potential.  
• RIT Library plagiarism resources from the Library's online catalog.

Copyright Resources
The RIT Library Avoid Plagiarism: Cite Right links encompass: copyright registration, Fair Use, intellectual property rights, Public Domain chart, copyright laws, patents & trademarks, tutorials, requesting permissions, Internet paper mills, RIT policies, writing resources, and much more.Copyright Resource Staff at RIT

• Wallace Library for information on print, online materials, and plagiarism, contact Marianne Buehler, 475-5589.
• Online Learning for copyright clearance of distance learning course materials, contact Cheryl Herdklotz, 475-2030.
• Educational Technology Center for media production and utilization, contact Steve Wunrow, 475-4945.
• Information & Technology Services for software and web materials, contact Donna Cullen, 475-4357.
• NTID for faculty members obtaining copyright permissions/licensing of instructional materials, contact Don Beil, 475-6493 V/TTY.
• Technology Licensing Office for technology licensing and intellectual property (IP) management, contact Varda Main, 475-2750.

RIT Library Copyright Bibliography (1999-present)

• Aoki, K. (2006). Bound by law?: tales from the public domain. Durham, NC: Duke [University] Center for the Study of the Public Domain.

Available for free download at: http://www.law.duke.edu/cspd/comics/

• Association for Computing Machinery. (2005). Proceedings of the ... ACM Workshop on Digital Rights Management: DRM. New York, NY: Association for Computing Machinery.
• Becker, G. H. (2003.) Copyright: A guide to information and resources. Lake Mary, FL : G.H. Becker.
• Bielefield, A. (1999). Technology and copyright law: A guidebook for the library, research, and teaching professions: includes 1999 supplement. New York: Neal- Schuman.
• Bielstein, S. M. (2006). Permissions, a survival guide: blunt talk about art as intellectual property. Chicago: University of Chicago Press.
• Butler, R. P. (2004). Copyright for teachers and librarians. New York: Neal-Schuman Publishers.
• Conn, K. (2002). The internet and the law: What educators need to know. Alexandria, VA: Association for Supervision and Curriculum Development.
• Crews, K. D. (2006). Copyright law for librarians and educators: creative strategies and practical solutions. Chicago, IL: American Library Association.
• Dixon, R. (2004). Open source software law. Boston: Artech House.

• Donaldson, M. C. (2003). Clearance & copyright: Everything the independent filmmaker needs to know. Los Angeles, CA: Silman-James Press.
• Fishman, S. (2004). The copyright handbook: how to protect & use written works. Berkeley, CA: Nolo.
• Fishman, S. (2004). The public domain: how to find copyright-free writings, music, art & more. Berkeley, CA: Nolo.
• Goldstein, P. (2001). International copyright: Principles, law, and practice. NY: Oxford University Press.
• Greene, J. (2005). The trouble with ownership: literary property and authorial liability in England, 1660-1730. Philadelphia: University of Pennsylvania Press.
• Hemmungs, W. E. (2004). No trespassing: authorship, intellectual property rights, and the boundaries of globalization. Toronto: University of Toronto Press.
• Kozak, E. M. (2004). Every writer's guide to copyright and publishing law. New York: H. Holt.
• Lessig, L. (2000). The future of ideas: The fate of the commons in a connected world. NY: Random House.
• Library of Congress Copyright Office. (2005). Report on Copyright and digital distance education. Honolulu, HA: University Press of the Pacific.
• Lindsey, M. (2003). Copyright law on campus. Pullman, WA: Washington University Press.
• Lipinski, T. A. (2005). Copyright law and the distance education classroom. Lanham, MD: Scarecrow Press.
• Litman, J. (2001). Digital copyright: Protecting intellectual property on the internet... Amherst, NY: Prometheus Books.
• Lutzker, A. P. (2003). Content rights for creative professionals: Copyrights and trademarks in a digital age. Boston: Focal Press.
• Matsuura, J. H. (2003). Managing intellectual assets in the digital age. Boston, MA: Artech House.
• McLeod K. (2005). Freedom of expression: overzealous copyright bozos and other enemies of creativity. New York: Doubleday.
• McSherry, C. (2001). Who owns academic work?: battling for control of intellectual property. Cambridge, MA: Harvard University Press.
• Pedley, P. (2005). Managing digital rights: a practitioner's guide. London: Facet.
• Peloso, J. (Ed.). (2003). Intellectual property. Bronx, NY: H.W. Wilson.
• Russell, C. (2004). Complete copyright: an everyday guide for librarians. Chicago, IL: American Library Association.
• Spinello, R. A. (2005). Intellectual property rights in a networked world: theory and practice. Hershey, PA: Information Science Pub.
• Stim, R. (2000). Copyright law [electronic resource] Albany, NY: West Legal Studies.
• Stim, R. (2004). Getting permission: how to license & clear copyrighted materials online & off. Berkeley, CA: Nolo.
• St. Laurent, A. M. (2004). Understanding open source and free software licensing. Sebastopol, CA: O'Reilly.
• Strangelove, M. (2005) The empire of mind: digital piracy and the anti-capitalist movement. Toronto: University of Toronto Press.
• Tambert, S. (1999). How to use images legally: A handbook on public domain, copyright, right to publicity, trademarks, underlying rights, and other intellectual property issues related to still & motion images. Washington, DC: S. Tambert.
• Twigg, C. A. (2000). Who owns online courses and course materials?: Intellectual property policies for a new learning environment. Publisher Troy, NY: Centre for Academic Transformation, Rensselear Polytechnic Institute.[e-book].
• Vaidhyanathan, S. (2001). Copyrights and copywrongs: The rise of intellectual property and how it threatens creativity. NY: New York University Press.
• Wilson, L. (2005). Fair use, free use, and use by permission: how to handle copyrights in all media. New York: Allworth Press.
• Witcombe, C. L. C. E. (2004). Copyright in the Renaissance: prints and the 'privilegio' in sixteenth-century Venice and Rome. Boston, MA: Brill.

Disclaimer: These copyright guidelines are not to be considered legal advice or counsel to RIT or to any member(s) of the RIT community. Their mission is to provide information and education to help RIT community members better address their needs. The information received in this document is not legal advice. When in doubt, individuals and organizations should consult their own attorneys.

Created / compiled by Marianne Buehler, Cheryl Herdklotz, and Varda Main in consultation with Peter Durant, Nixon & Peabody, LLP.