Why follow copyright?

• It’s the law
• It’s the right thing to do
• It gives you rights as well as obligations

What is covered by copyright

In the beginning, copyright law was intended to cover only books. During the 19th century, the law was expanded to include maps, charts, engravings, prints,  musical compositions, dramatic works, photographs, paintings, drawings, and sculptures. Motion pictures, computer programs, sound recordings, dance, and architectural works became protected by copyright during the 20th century.

Copyright protections fall under Title 17 of the United States Code and covers “original works of authorship.”

So what makes a work original?

1. Fixity: not the idea but the fixed expression or the manifestation of the idea
2. Originality
3. Minimal creativity

What is NOT covered by copyright

• Works for which the copyright has expired
• Works that federal government employees produced within the scope of their employment
• Works clearly and explicitly donated to the public domain
• Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or spontaneous  speeches or performances that have not been written or recorded)
• Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
• Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
• Works consisting entirely of information that is common property and contains no original authorship (for example, standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)

Information on copyright considerations during COVID-19 from Kyle K. Courtney's Copyright Blog:

• COVID-19, Copyright, & Library Superpowers (Part I)
• COVID-19, Copyright, & Library Superpowers (Part II)

Fair Use refers to the use of copyrighted content without the expressed permission of the copyright holder under specific circumstances. Whether the use of copyrighted content is considered Fair Use is determined on a case by case basis.

Four factors are used to analyze whether Fair Use applies. All four factors should be weighed simultaneously when evaluating a fair use case.

1. The purpose and character of use, including whether the use is for commercial or noncommercial purposes
2. The nature of the copyrighted work (e.g. factual works are more likely to fall under fair use than highly artistic or creative works)
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for or value of the copyrighted work

Two resources to help you evaluate your Fair Use use case:

• Columbia University Fair Use Checklist
• Fair Use Evaluator

What are your intellectual property rights as the creator of content? Do you own the copyright to your published articles (Answer: You may or may not depending on the contract you signed with the publisher). What options do authors have for retaining their copyright? We’ll explore the above questions in this section.

Copyright holders retain 5 basic rights

1. Right to Reproduce
2. Right to Prepare Derivative Works
3. Right to Distribute
4. Right to Display Publicly (related to artistic works)
5. Right to Perform Publicly (related to musical or dramatic works)

What could you lose if you sign away your rights (e.g., to a publisher)?

You could lose the right to:

• Use your work in a course
• Place copies on print or electronic reserve
• Mount a copy on your web site
• Deposit a copy in your institutional repository
• Distribute a copy to colleagues

If you transfer your copyright to a publisher, your rights will be limited by the publisher’s license that you signed and the principle of Fair Use when using your own work in the future. Traditionally, academic publishers have required that authors transfer copyright to them, but this standard is changing. 

More and more campuses are creating Open Access policies that require authors to retain some rights to their work. The assignment of non-exclusive rights to publishers is becoming much more common. Information on Open Access at SJSU.

So, what should I do?

A variety of tools are available to help you navigate and negotiate for keeping some of your rights. The Scholarly Publishing and Academic Resources Coalition (SPARC) can walk you through the process of creating an Author Addendum to attach to a journal publisher’s copyright agreement to ensure that you retain certain rights. You can use these forms to negotiate to retain the copyright to your work:Additionally, the Authors Alliance and Creative Commons have developed a tool for authors to terminate their transfer of rights for previously published works: ToT Tool

Articles received through Interlibrary Loan (ILL) from another library are licensed for single use only. This means they cannot legally be duplicated or posted online.

SJSU & CSU Resources

• SJSU Copyright Quick Start Guide
• CSU Chancellor’s Office: Intellectual Property, Fair Use, and the Unbundling of Ownership Rights

Copyright Related Organizations

• American Library Association General Copyright Info
• Copyright Advisory Network
• Center for Media and Social Impact Fair Use Best Practices
• Library Copyright Alliance
• Music Library Association
• U.S. Copyright Office