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Copyright

What Is Copyright

According to the United States Copyright office:
Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.(http://www.copyright.gov/circs/circ1.html#wci)
What is Fair Use?

Fair use is defined as the right to use copyrighted materials for certain purposes as stated in Section 107 of the United States Copyright Act. The act allows the use of copyrighted materials for educational purposes under certain restrictions and conditions. Listed below are the main considerations in the determination of “fair use.”

The purpose and character or the work:
Is the use is of a commercial nature? Commercial use of a copyrighted work is not considered fair use.
Is the use for nonprofit educational purposes?
What is the nature of the work?
Is the copyrighted work a published or unpublished works? Unpublished works are less likely to be       considered fair use.
Is the copyrighted work out of print? Generally, out of print items are more likely to be considered fair       use.
Is the work factual or artistic? Factual works are more likely to be considered “fair use” than artistic       works.
The amount and substantiality of the portion used:
      Less is better. The more of a work you use the less it is considered “fair use.”
The 50% guideline. If you use 50 percent or more of the entire work, it is likely to be considered an       unfair use.
The part of the work that is being used. If the par to the work you are using is the core or essence of a       work, it is less likely your use will be considered fair.
Economics. Will your use of the work effect the author’s economic gain from the work?
Brevity and spontaneity

Educational use of copyrighted materials must withstand two tests, brevity and spontaneity.
Brevity refers to how much of the work you can copy. You should not copy a substantial part of work.       The use of a whole work is forbidden.
Spontaneity refers to how many times you can copy. Many refer to this as the one semester rule. If you use an item repeatedly without getting copyright permission, it is not considered “fair use.” Also, the use of the materials should be for one course at one school. You should not post copied items on the World Wide Web for all to see.

How Do I Get Permission?
Write a letter to the copyright holder for permission. Links to sample letters are listed below:
Permission Letter for Photocopying
Permission Letter for Placing materials on reserve
Permission Letter for Using images, graphs, etc. in a presentation
Permision Letter for Placing materials on a website
If you are a faculty member is the Graduate School, you can go to Loyola's Copyright Clearance       Program's website at http://www.luc.edu/resources/copyright/index.shtml.

Go to copyright.com http://copyright.com. Copyright.com is the online service center for Copyright       Clearance Center. Click on for Academic Use under the heading Content Users. Educators can create       accounts and pay for royalty charges on this website. Royalty charges can range from $0.00 to over       $100.00.
Placing Items on Reserve at the Health Sciences Library
Health Sciences Library's Reserve Policy
Reserve Request Form for Books
Reserve Request Form for Journal Articles
Copyright & Intellectual Property Resources
Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with       Respect to Books and Periodicals - Music Library Association
Center for Intelluctual Property and Copyright in the Digital Environment - University of Maryland       University College
CopyOwn: A Resource on Copyright Ownership for the Higher Education Community - University of       Maryland and Association of Research Libraries
Copyright & Fair Use - Stanford University Libraries
Copyright and Intellectual Property - Association of Research Libraries
Copyright Basics (PDF) - US Copyright Office
Copyright Law of the United States of America - US Copyright Office
Copyright Advisory Network - American Library Assocation
Copyright Resources - Loyola University Chicago
Copyright Resources Online - Yale University
The Copyright Society of the USA
Crash Course in Copyright - University of Texas System
Digital Future Coalition
The Digital Millennium Copyright Act - EDUCAUSE
Digital Millennium Copyright Act of 1998 Summary (PDF) 72KB- US Copyright Office
Duration of Copyright (PDF) 1.92 MB - US Copyright Office
Extension of Copyright Terms (PDF) 19KB - US Copyright Office
Educational Fair Use Guidelines For Distance Learning - University of Texas System
Fair Use of Copyrighted Materials - University of Texas System
Final Report to the Commissioner on the Conclusion of the Conference on Fair Use (PDF) 682KB- US       Patent and Trademark Office
Guidelines for Educational Uses of Music - Music Library Association
Law about... Copyright - The Legal Information Institute, Cornell Law School
Licensing Digital Information: A resouce for Librarians - Liblicens
Libraries as Creatures of Copyright: Why Librarians Care about Intellectual Property Law and Policy -       American Library Association
Library and Classroom Use of Copyrighted Videotapes and Computer Software - American Library       Association
Model Policy Concerning College and University Photocopying for Classroom, Research and Library       Reserve Use - American Library Association
TEACH Act Toolkit - North Carolina State University Libraries
US Copyright Office
Using Software: A Guide to the Ethical and Legal Use of Software for Members of the Academic       Community - EDUCOM and the Information Technology Association of America
When Works Pass into the Public Domain