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Kansas State University

Jeff Gauss
Project Coordinator
Office of the Vice Provost for Information Technology Services
Kansas State University
157 Dole Hall
Manhattan, KS 66506
785-532-4201
jgauss@k-state.edu

Frequently Asked Questions About Copyright
- by Dr. Rosemary Talab



What is a copyright and why is it important?

Why do you register a copyright for something?

What types of information or materials are copyrighted?

Has the definition of "fair use" of copyrighted materials changed over the years? If so, then how?

Does the copyright law change?

If I would like to include information from a scholarly article for a presentation to community members at a public meeting, do I need to ask permission?

If I decide to include that information in an article for a county newsletter do I need permission?


If I would like to include research results in a presentation at a public agricultural meeting in my work for the university do I need permission?


Where is the best place to get permission? How do I find contact information?

Links to Sites with FAQ's


What is a copyright and why is it important?

Any work is accorded copyright protection when it is "fixed in a tangible medium, (Section 101)" (such as written on a piece of paper, recorded on disk, disc, or tape, etc.). You may place a copyright mark on your work at creation but registration with the Copyright Office provides certain rights under the law which are not provided to those who merely place a copyright mark on their work.

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Why do you register a copyright for something?

Registration provides you a right to sue if someone infringes your work.
For example:

1) registered works have more legal remedies under the law against unlawful use than unregistered works, such as substantial statutory damages, which in cases of willful infringement may total up to $100,000 per work infringed (depending on the work and the infringement), actual damages, including the infringer's profits, an award of attorney's fees, injunctive relief against future infringement, impoundment and destruction of infringing copies and

2) registration is a deterrent to violators, particularly when placed on each page, screen, slide, etc., because copy centers do not want to copy works when each item has the copyright mark.

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Why types of information or materials are copyrighted?

While there are many subcategories, the major categories are:

(1) literary works (including computer programs);
(2) musical works, including any accompanying words
(3) dramatic works, including any accompanying music
(4) pantomimes and choreographic works
(5) pictorial, graphic, and sculptural works (including postage stamps)
(6) motion pictures and other audiovisual works
(7) sound recordings
(8) architectural works (including maps and a copyright for boat hulls of 10 years)

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Has the definition of "fair use" of copyrighted materials changed over the years? If so, then how?

In some ways "yes" and in some ways "no." Because of digital transmissions over networks and the Internet the old definitions of "fixation", "copies" and other terms are undergoing change both in the courts and through federal and state law. In other ways fair use is the same doctrine that has existed for nearly 100 years. Now, however, with digitized materials on the Web, corporate, and university networks the three tests-brevity, spontaneity, and cumulative effect-have become more important. Copying one page by hand with a pen was a laborious test in the late 1800's. Downloading a page, making copies for colleagues by placing them on a listserv and sending the copies all over the world only takes a few minutes.

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Does the copyright law change?

Yes, copyright law changes quite often. Several bills are introduced every year. Some of them are eventually passed into law.

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If I would like to include information from a scholarly article for a presentation to community members at a public meeting, do I need to ask permission?

If you paraphrase the information and give credit to the author then this is acceptable. If you quote a small amount ("insignificant" is the operative term) and give credit then that is considered "fair use". Note that you asked about a "public" meeting.

There are many conditions which change the nature of the use: whether or not (1) admission is charged, (2) a materials fee is required, (3) if it is televised, (4) if it is open or closed to the public, etc. All these conditions affect the use of the material.

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If I decide to include that information in an article for a county newsletter do I need permission?
If you quote a small amount of someone else's material in an article with attribution then that is "fair use." If you reproduce a large amount of that person's material for distribution in a newsletter then you would likely be infringing the author's or the publisher's copyright, depending on the journal or publication, and would need permission or licensing. You'll find information on the Copyright Clearance Center's online licensing service, publisher's Web sites for copyright permissions, and licensing/reprint information on cartoons under the "Obtaining Copyright Permissions" button of this website.

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If I would like to include research results in a presentation at a public agricultural meeting in my work for the university do I need permission?

It depends on the amount of research results you wish to use as well as how significant these results are as a body of work. Generally speaking, including a small amount of the research results with attribution would be "fair use." Paraphrasing some of these findings with attribution would also be acceptable, so long as it did not substitute for the article. Reprints or permission would be required for the reproduction of large amounts of material or for the entire article at a public gathering, unless stated otherwise in the journal masthead. Many scholarly journals now state which scholarly uses do and do not need permission.

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Where is the best place to get permission? How do I find contact information?

The best place to get permission is from the publisher in which you found the work (even if that work gives credit to another publisher). That publisher will either have the information or know where to get it (in most cases). There are a few ways to find contact information:

1) The IPIC Web site has links to publishers, licensing and reproduction rights services, music societies, cartoonist services, resources, etc. under Copyright Permissions.

2) Hale Library or your local library has various guides for finding contact information (name, place, phone, fax, address, etc.) for books, videos, children's books, software, music, multimedia, etc. You can access their catalog online or visit their reference desk for assistance in locating materials.

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Copyright Rosemary Talab, 2000


Links to Sites with FAQ's

The Copyright Office has an extensive list of FAQs at http://www.loc.gov/copyright/faq.html

Other sites with FAQ advice:

 

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