Copyright questions and the re-use of information found on the
web can be a difficult issue. The following
information is, as I
understand
it from professional counsel (see references below)
and research, and not offered as professional advice (although the
content of this page has been reviewed by credentialed sources for
accuracy). You should refer
to
the US Copyright Office or the
US Patent and Trademark offices for
specific information.
Intellectual property (ie writing, drawing,
composing, - any method of creative presentation) is automatically protected
under the Copyright Laws of 1976
and 1978, once the material is placed in fixed form (including
but not limited to print, magnetic media, sound recording, and the
Internet).
It is not required to be published (that being defined as distributed
to the public). Registration with the US Copyright Office is not
required in order to be protected, but may be
beneficial; it is very difficult to establish legal claims, if needed,
without it. Copyright on material is in
effect for the length of the author's life plus 70 years (in
most cases - see US Copyright Law). After
a copyright has expired the material is considered
to be in the "public domain" and no longer under protection in terms of
royalties or licenses (citation still applies).
When
you purchase or otherwise obtain copyrighted material (such as a book
or recording) you may use it for your personal enjoyment and growth.
You cannot
copy (be it via computer processes, electronic or handwritten), cut,
save, print, or photocopy/reproduce it, and/or reuse or market it for
money, or under
any circumstances claim or imply it to be your own work or
creation. The concise limits are summarized as that it may not be
republished, broadcast, rewritten, or redistributed by any means. Using someone else's work
as your
own is plagerism and a prosecutable offense under US Federal law.
Information that is used verbatim
must be quoted and cited.
This also is directed to web content where
it is so easy to "right click and it's yours". Links to specific web
pages on another server
should
be clearly indicated that they lead to another website (just like you
would direct someone to another book in the library), otherwise is can
be tantamount to theft of content (note that this is different from
simply linking in general to other websites). Using someone else's work without permission even if
the source is cited, depending on content and law, may still be
illegal.
As stated by the US Copyright Office on its website,
"Acknowledging the source of the copyrighted material does not
substitute for obtaining permission.".
Reusing
copyrighted material for other than personal use can involve
permission, royalties or licenses. Copying
and using the materials beyond personal use may (and usually does)
require direct
permission
from the publisher or originator. When it is granted, you include on
your copies and use of the
materials
"such and such used with permission of the author" or equivalent.
Some expanded copyright statements outright
prohibit any further use of
the
material. On the other hand, authors may
include a
disclaimer on their work that reuse for
non-profit
purposes is permitted. This
happens
often with matters of information for the public good, education or
other some
such
worthy cause.
Copyrighted information being used on a limited bases for non-profit
education is generally considered "fair use" - for example, a page or a
section of a page of a book may be given has a handout in a non-profit
teaching situation, providing the source of the information is
acknowledged.
Further confusing intellectual property issues is what falls under copyright protection versus patent or trademark protection. See the U.S. Copyright Office and the US Patent and Trademark Office website for further definitions of intellectual property and the clarifications of which protection applies to what type of intellectual property. It is however, important to remember that in virtually all circumstances one of these protections will usually be in force and applicable, so as the US Copyright Office goes on to advise, if you take the time and effort to request permission, one can rarely go wrong.