|
|
Policies: Copyright and the Internet FAQ
Listed below are questions, answers and advice from The Copyright Primer for Librarians and Educators published by the American Library Association, 1995 concerning the Internet and Multimedia. In the interest of being legally correct, I have not altered the textual responses. Copies of this primer are available in the Lower and Upper School libraries. The Upper School Library also has additional resources should you need them.
- How can I post copyright intent when contributing to an electronic journal or posting an original work to an electronic bulletin board?
At the beginning of the material, affix a copyright notice and a statement to the effect that uses are permitted (or not). Keep a print copy and register the material with the Copyright Office.
- Are my E-Mail messages copyrighted?
Yes. They are fixed in a tangible medium and "stored". Unless the author issues a permission statement, it would be prudent to request permission before reposting a private mail message. Other than copyright, consider ramifications such as privacy invasion or character defamation before reposting.
- Are postings on listservs and user groups copyrighted?
Yes. They are original works of authorship fixed in a tangible medium. The fair use guidelines would apply in some instances. Many authors who post to such groups also attach a statement to the use preceding or following the posting. If in doubt, ask permission. if the use is not for commercial reasons and is not dramatic or artistic, fair use probably applies. Fair use is defined as the legal right to copy without permission or payment a limited amount of copyrighted material where the use is reasonable and not unduly harmful to the copyright owner. Such postings could not be considered public domain unless the author gave permission through a statement to that effect. Some listservs have policies that advise contributors to consider that they may be consenting to reproduction and manipulation without payment. Because this issue has not been tested in court, the answer is to be conservative. Ask permission prior to using such information other than in a fair-use setting.
- May I download images from a service such as "America Online" or another fee-based service and then share them with colleagues?
No, not without checking as to whether the contract for a fee-based service permits such action. It may depend upon what the user plans to do with the information.
- May I collect materials from the Internet or any bulletin-board service (bbs) and then compile them into a new work with a collective title?
No. This is a derivative work. Ask permission. Many electronic authors may give permission to do this if the work is not for profit. First, check the posting to see whether permission is granted or denied. Then proceed to request permission to make a compilation. Some authors also require that a work be used in its entirety.
- May I upload my students' work onto a server?
Obtain the students' permission. Student privacy issues might apply. Some universities have a blanket type of statement in catalogs that, in essence, says that acceptance into the university gives it certain rights for videotaping, to students' work, and so on. Such a blanket statement might not hold up in court, however, it would be best to have students sign a release. The same would be true for any type of institution. Remember that a work is copyrighted when it becomes fixed in a tangible medium.
- May one of my students upload copyrighted software to a bulletin board service for downloading by others.
No.
Back to Policies |
