October/November 2000

Content
. . . Can I copy that Web page?
. . . Seeking permission to use copyrighted materials
. . . New Web Site: FirstGov

Can I copy that Web page?

As use of the Web has increased, new questions have arisen about copyright and its use. The essence of copyright in the United States has not changed drastically in recent years, but its application to new communication mediums and new forms of distance education has created new conundrums. U.S. copyright laws and guidelines continue to play catch-up to the changes in technologies and how we use those technologies, especially those involving the Web and distance education. Congress passed the Digital Millennium Copyright Act in 1998 to address some of these issues and is researching further regulations/guidelines to clarify specific uses, such as in distance education. Following are a few highlights on copyright issues affecting print and Web expression. (For further details, check the U.S. Copyright Office Web site.)

Copyright protects original works from the moment they are expressed in a tangible form. For the print world, this means that as soon as you pen that publication or even that grocery list, it's copyrighted and protected. As such, practically everyone holds numerous copyrights. The work does not have to display the copyright symbol © or statement, although it's a good reminder to others that the material is protected. The copyright does have to be filed with the U.S. Copyright Office, however, if you're planning to take legal action regarding copyright infringement. To indicate a work is copyrighted, provide the symbol © or the word "Copyright" (best to use both), the name of the copyright holder and the year of copyright. For example,
© Copyright by the University of Nebraska 2000.

Departments and entities within the University can't hold the copyright although they can be listed in the statement to clarify the source of the document.

Copyright applies to literary, musical, dramatic and choreographic works; pictorial, graphic and sculptural works; audiovisual works, sound recordings; and architectural works, although it is not limited to these forms.

Copyright also applies to Web documents, emails, attachments, photos, graphics, maps, some computer coding, and many design elements. (Some elements such as a logo may be covered by trademark, but included within a copyrighted work.). If you receive an Email from someone, they own the copyright. If someone sends an anonymous story, it is likely still copyrighted.

Copyright provides the copyright holder with the rights to:

1. reproduce the copyrighted work;
2. prepare derivative works based on it;
3. distribute copies of the work to the public by sale, rental, lease or lending;
4. to perform and display the work publicly, and
5. in the case of sound recordings, to perform the work and transmit it though digital audio transmission.

While it's probably safer to assume that more materials are copyrighted than not, there are exceptions. Generally, materials developed by the federal government are not copyrighted. This means that numerous federal publications and Web sites are not copyrighted and materials from them are available for use. This can be particularly handy if you're looking for an illustration of a fairly standard topic, such as the "Nitrogen cycle and agriculture" or the "USDA food pyramid."

Research projects funded by the federal government but conducted at the state level also may be covered by this, depending on the program and source of funding. Check the grant or program contract for restrictions regarding copyright and any publications or resources derived from the project. Other materials from government documents also may not be copyrighted. In addition, older publications and resources may have out grown their original and renewable copyrights.

To determine whether a specific resource is covered by copyright, research the specific publication with the Copyright Clearance Center or the copyright holder, or check the Copyright Basics: How Long Copyright Protection Endures information on the U.S. Copyright Office Web site.

While all this may seem fairly straight forward, the evolution of the Web as a communication tool and seemingly wide open source of stories, photos, graphics, and even audio and video clips, seemed to make many forget that these elements were still copyrighted. (The ease with which someone can "borrow" another's work doesn't affect whether it's right to do it, although this certainly seemed to play a role in the misunderstandings. "Copy, paste, presto. It's mine.") This means you can't take photos from someone's Web site and post them on your Web site without express written permission. Similarly they can't take one of your publications and post it on their Web site without getting permission.

Fair Use

The copyright law does provide several provisions of "fair use" which allow materials to be copied for specifically defined uses. Fair use is considered to include use of copyrighted materials for criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research. Consideration should be given to the amount of material being used from a single source, the quality of the material (is it the pivotal chapter from the book), and whether such use might have a monetary impact on the copyright holder. (Students will no longer buy the book because they have what they need in the handout.) Consideration is also given to whether the use is for educational or personal or commercial financial gain. With teaching, intent of the original fair use language seemed to apply to typical, traditional classroom situations where a professor might want to hand out copies of several pages of a document. In this example the use is fairly restricted and would seemingly not cause economic hardship to the copyright owner. It's unlikely the author would assign the entire book for the sake of a page or two.

The question becomes more complicated, however, when an author would like to post a key chapter from a book on the Web with other class materials. If the site is restricted to a specific classroom's use for a specific time period (Spring 2001, 30 students), it may not be a problem. If the site is accessible to the public, then it likely constitutes copyright infringement. What if the resource is currently out of print? When in doubt, seek permission.

What if you're visiting another university class site and see a case study you'd like to use in your classroom and post on your public Web site? You plan to fully cite and credit the original course and the university from which you "borrowed" it. Is that enough? No. While the classroom setting might be considered "fair use" for educational purposes, posting it to a public Web site likely would not be. Citing the source is always appropriate, but it does not affect whether you infringed on the rights of the copyright owner.

When using copyrighted materials, seek written permission, be conservative in what you consider to be "fair use," and respect others' rights as you would like them to respect yours. Assume materials you may want to use are copyrighted, even if there's no statement to the point. Within an educational institution, our goal to educate and inform may at times seem to be in conflict with copyright protection. After all, don't we want our audience to embrace the educational materials provided. Using materials for personal or educational use is different however from republishing them. Unfortunately your "ownership" of the material that it may have taken you months to develop can be quickly eroded and eventually may become difficult to prove if you don't protect it.

~ Lisa Jasa

Seeking permission to use copyrighted materials

The first step in seeking permission to use copyrighted materials is to try to identify who the actual copyright holder is. This is not always as easy as it might seem. Sometimes the element, such as a photo, may have been "borrowed" from another publication or Web site or it may have been lent to the user so long ago they can't remember whose photo it is. In such a case, it may take a little detective work to identify the actual copyright holder.

The University does contract with the National Copyright Clearance Center which can help identify the copyright holder and seek permission for you. The service is inexpensive and relatively quick. For more information, contact the manager of the University of Nebraska Bookstore on City Campus (472-7308).

Once having determined who the copyright holder is, write them for permission to use the copyrighted material. Be specific in your questions and provide a place for them to sign the document providing for your use of the copyrighted material. (While writing on letterhead is probably best, Email may be just as acceptable. A phone "okay" is not enough. Faxes also may work.)

Be specific in what you are requesting: cite the exact title, source, publisher, and copyright date of the material. Explain in relative detail about how you'll be using it. Be sure to ask whether they do indeed own the copyright for the work in question and if so, to indicate so. For example, "I would like to use Figure 3 on page 56 of "Biotechnology Today" in a printed class handout/book and on the related class Web site. There are approximately 50 students in the class each semester and the material will only be available on the Web to these students via a password filter. The material would likely be used for the next two semesters (Fall 2000 - Spring 2001)."

Don't be surprised if someone is willing to grant rights to use the material for a printed class handout but won't grant rights to use it on the Web. Don't be surprised too if you're asked to pay a royalty for the use of the element, especially when dealing with textbook and journal publishers. Also be sure to ask how they would like the material cited and provide a sample of what you plan to do.

New Web Site: FirstGov

FirstGov is the World Wide Web information portal for the United States Federal Government. FirstGov is intended to be users' first resource to find any government information on the Internet. By linking nearly all government resources, the site allows users to download tax forms, apply for student loans, track Social Security benefits, make reservations at national parks, and much more.

CIT Information is published by Communications and Information Technology - Computing section, Institute of Agriculture and Natural Resources, University of Nebraska-Lincoln. Newsletter articles may be copied and distributed for nonprofit, educational purposes only and the source must be acknowledged. Direct all correspondence to the editor, Pamela K. Peters (E-mail: pkpeters@unlnotes.unl.edu; Phone: 402/472-5630; FAX: 402/472-5639).

The University of Nebraska-Lincoln is an affirmative action - equal opportunity employer.