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Intellectual Property: Copyright, Trademark, Patents, and Fair Use

This guide provides access to resources and tools relating to copyright and trademark resources

Obtaining Copyright Permission

Conformity with copyright restrictions for any class is the responsibility of the instructor.

In order to comply with the fair use provision of Section 107 of the copyright law (Title 17, U.S. Code), you cannot. . .

  • reproduce more than 10% of a book;
  • create an electronic course pack that is an exact replication of a published anthology;
  • reproduce workbooks, exercises, standardized tests and test booklets and other published consumable material;
  • systematic downloading from licensed databases, such as with bots or intelligent agents, is not permitted.

You may always...

  • hyperlink from your Blackboard site to copyrighted material available on the Internet on your Blackboard site;
  • use material in the public domain, i.e. material for which copyright has expired or has been waived. To determine if your submission is within the public domain, we suggest you use the Copyright Slider found at http://www.librarycopyright.net/digitalslider/ before submitting your materials and this form. 

Copyright Clearance Guidelines

When your use of a copyrighted work does not fall within the parameters of fair use, you will need to obtain copyright clearance. In order to obtain copyright clearance, you will need to identify and contact the copyright owner or owners. Remember to keep a detailed, written record of the steps you take.

Identify the copyright owner(s).

  • Beware, especially with music and media, multiple parties may hold the rights and each party must be accounted for when obtaining permission.
  • Remember, the absence of a copyright notice does not mean that the work is in the public domain.  See public domain chart.

 Contact the copyright owner(s) and secure permission.

  • Contact the owner directly, or
  • Use a collective rights organization such as the Copyright Clearance Center. A collective rights organization may be the only way to get permission in some cases.
  • Special Case--Orphan Works:  In an attempt to gain permission for a copyrighted work, you may discover that the work in question is what is known as an “Orphan Work.”  An orphan work is an entity whose copyright owner cannot be found.  This may be because the owner is unknown, not traceable, or unresponsive.  The individual or corporate body may be deceased or defunct, without reachable heirs, or merely not responding to a request for permission.  In such a case, you might conduct a risk-benefit analysis.  For a fuller explanation of orphan works and risk-benefit analysis see: https://copyright.columbia.edu/basics/special-cases.html

TIPS:

  • Request permission only for the portion of the work you need.
  • Fees are often based on how many copies will be needed and the length of time copies will be in use.
  • You may want to replace the materials with alternative works available via open access or other less restrictive licenses.
  • For Orphan Works: After an extensive search determines that that the work is an ‘orphan,” you may find that you are can reevaluate the document in light of “fair use” because it is likely that the rights holders are deceased or beyond the reach of the information community.  If there is no one to pay, the “effect on the market” (the fourth “fair use” factor) disappears.     

Here's a great site where you will find samples of permission letters:
https://copyright.columbia.edu/basics/permissions-and-licensing.html

Copyright Notice

You must include a copyright notice and citation with all materials you use.

When you copy print materials, please be sure to include all source information. 

When you duplicate/present material electronically, you should attempt to not only include the copyright information for your students but also to embed it into the document/presentation produced.