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Copyright Law for Librarians and Educators: Creative Strategies and Practical Solutions
Copyright in the world of digital information is changing at a fevered pace, even as educators and librarians digitize, upload, download, draw on databases, and incorporate materials into Web-based instruction. It's essential to stay abreast of the basics of copyright law and fair use. Crews has completely revised his classic text to remap the territory with fresh, timely insights into applications of copyright law for librarians, educators, and academics. Readers will Learn basic copyright definitions and key exceptions for education and library services Find information quickly with "key points" sidebars, legislative citations, and cross-references Understand the four factors of fair use and related court interpretations Get up to speed on current interpretations of the Digital Millennium Copyright Act from a librarian-educator viewpoint Copyright Law for Educators and Librarians-highly praised in previous editions-draws on cutting-edge case law in 18 discrete areas of copyright, including specialized and controversial music and sound recording issues. Information professionals will find the tools they need to take control of their rights and responsibilities as copyright owners and users in this succinct, easy-to-use guide.
192 pages, Paperback
First published August 30, 2005
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May 13, 2011Copyright Law for Librarians and Educators
By Kenneth D. Crews
Project of the Copyright Management Center (CMC) at Indiana University-Purdue University Indianapolis. The CMC has a primary mission of addressing copyright issues of importance to education and research. Helpful materials can be found at http://www.copyright.iupui.edu. p. viii
“central to the purpose of copyright law, including fair use, is to allow for the growth of knowledge.” p. 46
Examples of works that can be copyrighted are p.5
• New writings
• Musical works
• Art works
• Photography
• Computer programs
• Websites
• Motion picture
• Architectural works
• Sound recordings
How long does copyright protection last? p.15
• Current law no longer requires the formalities of notice of registration for copyright protection
• Most new works are protected for the life of the author plus seventy years
• Works published before 1978 were required to have a copyright notice in order to gain protection
• Works published between 1923 and 1978 could have protection up to ninety-five years
• Many foreign works that were in the public domain have had their copyrights restored
Renewal of copyright p. 18
• Works published before 1923 fall outside the reach of copyright protection
• In 1992 Congress eliminated the renewal requirements for all existing copyrights.
o Works published in 1970 have the full 95 year copyright protection.
o Books published in 1940 had to be renewed in 1968 otherwise the copyright expired in 1968.
Transfers of Copyright p. 24
“Copyrights can be bought, sold or simply given away. A transfer of the copyright or an exclusive grant or license to use the work is a transaction that must be in writing and must be signed by the copyright owner making the transfer.” eg. we purchase a book at the book store but do not purchase the copyright for the contents of the book. eg. we purchase a painting but do not purchase the copyright for the artwork itself.
Exceptions to the Rights of Owners p. 33
“One of the most important aspects of copyright ownership is that the rights of owners are not complete. The law grants a broad set of right to a broad range of materials, then proceeds to carve out exceptions to those rights… The broadest and best known of these exceptions is “fair use.” … A few of the statutory exceptions apply specifically to the needs of educators and librarians.”
Section 107: Fair Use
Section 108: Library Copying
Fair Use p. 41
§ 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Fair Use p. 44
4 factors
1. Purpose: a nonprofit educational purpose can support a claim of fair use
2. Nature: uses of factual, nonfiction works are more likely to be within fair use
3. Amount: the less the amount of a work used, the more likely it is fair use
4. Effect: uses that do not compete with the market for the copyrighted work are more likely to be within fair use
Chapter 12
Libraries and the Special Provisions of Section 108 p. 74
• “Section 108 allows many libraries to make copies of materials for
o preservation
o private study
o interlibrary loan
• The opportunities under Section 108 do not extend equally to all types of works
• Section 108 requires compliance with various requirements, but most libraries should be able to meet them and enjoy the benefits of the law.”
Copying of the following materials is not allowed by libraries except for preservation purposes:
• Musical works
• Pictorial, graphic, or sculptural works
• Motion pictures or audiovisual works
“Copier Machines in libraries
Section 108(f)(1) gives libraries protection from infringements that a visitor may commit when using unsupervised copier machine in the library. As long as the library displays a notice informing users that making copies may be subject to copyright law, the statute can release the library and its staff from liability. The user of the machine is still responsible for any infringements.” P. 78
Chapter 17
Permission From Copyright Owners p. 108
• “No permission is needed if your work is in the public domain, or if your use is within fair use or another exception
• Permission for some works may be available through a collective licensing agency
• Contacting a copyright owner and drafting a permission letter can involve a careful strategy
• You still have options after reaching a “dead end” in your quest”
“The U.S. Copyright Office’s records may be searched to help determine the copyright status of a work. Newer records may be searched for online for free. For a fee, the Copyright Office will conduct searches for you. The Copyright Office’s website, at http://www.copyright.gov, included detailed information about searches.” p. 109
“The Copyright Clearance Center can help expedite some licensing processes. Through its website, you may request permission to make certain uses of thousands of works, including books, magazines, journal articles, newsletters, and dissertations. Permission fees are paid directly to the CCC and are then forwarded to the appropriate copyright owners. The Copyright Clearance Center’s website is at http://www.copyright.com.” p. 110
Checklist for Fair Use on p. 124
Model Letter for Permission Requests on p. 127
By Kenneth D. Crews
Project of the Copyright Management Center (CMC) at Indiana University-Purdue University Indianapolis. The CMC has a primary mission of addressing copyright issues of importance to education and research. Helpful materials can be found at http://www.copyright.iupui.edu. p. viii
“central to the purpose of copyright law, including fair use, is to allow for the growth of knowledge.” p. 46
Examples of works that can be copyrighted are p.5
• New writings
• Musical works
• Art works
• Photography
• Computer programs
• Websites
• Motion picture
• Architectural works
• Sound recordings
How long does copyright protection last? p.15
• Current law no longer requires the formalities of notice of registration for copyright protection
• Most new works are protected for the life of the author plus seventy years
• Works published before 1978 were required to have a copyright notice in order to gain protection
• Works published between 1923 and 1978 could have protection up to ninety-five years
• Many foreign works that were in the public domain have had their copyrights restored
Renewal of copyright p. 18
• Works published before 1923 fall outside the reach of copyright protection
• In 1992 Congress eliminated the renewal requirements for all existing copyrights.
o Works published in 1970 have the full 95 year copyright protection.
o Books published in 1940 had to be renewed in 1968 otherwise the copyright expired in 1968.
Transfers of Copyright p. 24
“Copyrights can be bought, sold or simply given away. A transfer of the copyright or an exclusive grant or license to use the work is a transaction that must be in writing and must be signed by the copyright owner making the transfer.” eg. we purchase a book at the book store but do not purchase the copyright for the contents of the book. eg. we purchase a painting but do not purchase the copyright for the artwork itself.
Exceptions to the Rights of Owners p. 33
“One of the most important aspects of copyright ownership is that the rights of owners are not complete. The law grants a broad set of right to a broad range of materials, then proceeds to carve out exceptions to those rights… The broadest and best known of these exceptions is “fair use.” … A few of the statutory exceptions apply specifically to the needs of educators and librarians.”
Section 107: Fair Use
Section 108: Library Copying
Fair Use p. 41
§ 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Fair Use p. 44
4 factors
1. Purpose: a nonprofit educational purpose can support a claim of fair use
2. Nature: uses of factual, nonfiction works are more likely to be within fair use
3. Amount: the less the amount of a work used, the more likely it is fair use
4. Effect: uses that do not compete with the market for the copyrighted work are more likely to be within fair use
Chapter 12
Libraries and the Special Provisions of Section 108 p. 74
• “Section 108 allows many libraries to make copies of materials for
o preservation
o private study
o interlibrary loan
• The opportunities under Section 108 do not extend equally to all types of works
• Section 108 requires compliance with various requirements, but most libraries should be able to meet them and enjoy the benefits of the law.”
Copying of the following materials is not allowed by libraries except for preservation purposes:
• Musical works
• Pictorial, graphic, or sculptural works
• Motion pictures or audiovisual works
“Copier Machines in libraries
Section 108(f)(1) gives libraries protection from infringements that a visitor may commit when using unsupervised copier machine in the library. As long as the library displays a notice informing users that making copies may be subject to copyright law, the statute can release the library and its staff from liability. The user of the machine is still responsible for any infringements.” P. 78
Chapter 17
Permission From Copyright Owners p. 108
• “No permission is needed if your work is in the public domain, or if your use is within fair use or another exception
• Permission for some works may be available through a collective licensing agency
• Contacting a copyright owner and drafting a permission letter can involve a careful strategy
• You still have options after reaching a “dead end” in your quest”
“The U.S. Copyright Office’s records may be searched to help determine the copyright status of a work. Newer records may be searched for online for free. For a fee, the Copyright Office will conduct searches for you. The Copyright Office’s website, at http://www.copyright.gov, included detailed information about searches.” p. 109
“The Copyright Clearance Center can help expedite some licensing processes. Through its website, you may request permission to make certain uses of thousands of works, including books, magazines, journal articles, newsletters, and dissertations. Permission fees are paid directly to the CCC and are then forwarded to the appropriate copyright owners. The Copyright Clearance Center’s website is at http://www.copyright.com.” p. 110
Checklist for Fair Use on p. 124
Model Letter for Permission Requests on p. 127
September 11, 2020
This is a fantastic resource for librarians and educators! Copyright law is very complex and I don’t think that any one book could thoroughly explain it in simple terms, but this is the closest I’ve seen. It’s easy to understand and the chapters are written in such a way that you don’t necessarily have to read the whole book. You can pick and choose which ones apply to your situation. There are also some helpful checklists in the back for making sure you’re following copyright laws, and a list of other resources.
May 18, 2021
I wish I could force our disciplinary faculty to read this, or at least the parts specific to instructional materials. It's a lot of case law to wade through, some topics were hugely complicated despite the plain language (music copyright, ack!) The book didn't really go into detail on the issue most of interest for most academic librarians I've talked to: the beams-crossing problem of library rights re: digitization and how those digital materials can be shared and used as course materials (not a library concern, per se).
May 14, 2018
Didn't actually cover the question I have, but gave me a better understanding of the overall field of Academic Libraries and copyright concerns. I now have more confidence when my faculty contact me regarding copyright issues- but now I just confidently say "it depends."
November 17, 2020
Summary: Be flexible, apply fair use and exceptions, know the law. Note: read 4th edition not the 2nd.
Want to Read
January 21, 2021KF2995 .C74 2012
June 18, 2021
great reference book for copyright
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April 29, 2014Crews, K. (2006).Copyright law for librarians and educators: Creative strategies and practical solutions. Chicago: American Library Association.
Citation by: Lisa Daugherty
Reference type: Handbook
Content/Scope: It was written to help explain the basis of copyright issues and the law.
Accuracy/Authority/Bias: Published by the American Library Association who are a very reputable and reliable group.
Arrangement/Presentation: Broken down into several chapters.
Relation to Similar Works: There are no other resources targeted to copyright laws in the collection.
Timeliness/ Permanence: There are many questions about copyright laws so this resource will be good to have on hand even if the laws change somewhat.
Accessibility/ Diversity: This book is targeted to adults.
Cost: $51.30
Review:http://eds.b.ebscohost.com.libsrv.wku...
Citation by: Lisa Daugherty
Reference type: Handbook
Content/Scope: It was written to help explain the basis of copyright issues and the law.
Accuracy/Authority/Bias: Published by the American Library Association who are a very reputable and reliable group.
Arrangement/Presentation: Broken down into several chapters.
Relation to Similar Works: There are no other resources targeted to copyright laws in the collection.
Timeliness/ Permanence: There are many questions about copyright laws so this resource will be good to have on hand even if the laws change somewhat.
Accessibility/ Diversity: This book is targeted to adults.
Cost: $51.30
Review:http://eds.b.ebscohost.com.libsrv.wku...
October 2, 2007
For my copyright class. This would really help anyone get up to speed, not just librarians. Crews is very clear in his explanations of what the various sections of the code mean.
May 15, 2008
This book would be useful in the public or non-profit academic library sphere but was not helpful in figuring out copyright law use in for-profit academic settings.
August 2, 2008
This is a very good guide to copyright provisions, limits and implications with examples and suggestions for making sure your library is in compliance.
September 10, 2008
Very practical, understandable, and concise, with great references to further information.
July 31, 2010
Required reading for my seminar in digital copyright. It was a good introduction to copyright law that relates to libraries and education.
December 8, 2011
Even though I <3 this book, you shouldn't try to find this edition. There's a new one coming out very soon.
May 10, 2012
I actually read the new edition after hearing the author speak. Very helpful.
September 28, 2012
You know, for a book about copyright law, this was actually pretty entertaining!A quick read that was as easy to understand as it was knowledgeable.
July 11, 2013
I found this book to have solid summaries and recommendations. I also really liked the worksheets in the appendices. I think I would find these very helpful when making decisions.
July 9, 2008
class class class!
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September 25, 2018Read for work, might be a little outdated as it's 13 years old, but has a lot of really good information regarding libraries and copyright.
Displaying 1 - 19 of 19 reviews