Consistent with BOR Policy IV-3.20, the UMUC Library has developed guidelines for the use of copyrighted materials. These guidelines address library and educational fair use as well as fair use exceptions for research and scholarly work. The purpose of this document is to help UMUC faculty understand copyright and fair use in the classroom, and it may be useful to UMUC students as well.
The UMUC Library addresses copyright and intellectual property issues because of its role in teaching and promoting information literacy. Information literacy is defined as a set of abilities requiring individuals to "recognize when information is needed and have the ability to locate, evaluate, and use effectively the needed information" (Association of College and Research Libraries, 2010, para. 1). One of the of the Association for College and Research Libraries concerning the effective use of information states that “an information literate individual is able to ... understand the economic, legal, and social issues surrounding the use of information, and access and use information ethically and legally” (ACRL, 2010, para. 2).
In the music industry, an infringement of copyright often consists of an existing piece of music being used by an artist without permission from the person or company who own the rights to the original music or recorded sound....
The concept of fair use is oneof the most difficult topics in copyright law.
Originally, fair use only applied to authors who made short quotations when preparing new works.
A large body of Americantraditional music was copyrighted by some savvy people in the early daysof country music, and so much of what should be in the public domain isnot.
Such copying is infringement of a copyright.
Servers operated by local Internet Service Providers obviously transmita copy of documents requested by their users.
While the basic principlesof copyright law are the same for all media, it is notyet clear how some of these principles apply to the Internet.
The act of viewing a page on the Internet automatically involves making a copy,since the material is transferred to the user's computer and stored therein semiconductor memory (also called RAM, an acronym for "random access memory").
In addition, while quite often people make incorrect claims of "fair use"it is a still valid and important concept necessary to allowthe criticism of copyrighted works and their creators through examples.
Aside from legal issues of copyright infringement, a professorshould set a good example for his/her students, by respectingcopyrights of other authors.
Most of copyright law was formulated in terms of books, audiovisual works(e.g., motion pictures), and sound recordings.
Yet the business and legal community was startled in1991-1996 by a series of federal cases that held that some common uses ofa photocopy machine were copyright infringement:
A new section of the copyright law,17 USC § 512(a) (1998),provides immunity from infringement to Internet service providerswho automatically transmit or route copies of material in response torequests from users.
In fact, the copyright ownercan file copyright infringement litigation immediately on discoveringthe unauthorized use of copyrighted material.
And, when you ask for permission, do say "If you do not reply, I willassume you granted permission." (I have actually received many e-mails with such wording!) The way for a copyright owner to grant permission is to make a statement — either a general statement in his/her terms-of-service webpage or a specific statement in reply to a request for permission — that copying is acceptable to the copyright owner.
Even if you can't think of how the author orowner gets hurt, think about the fact that piracy on the nethurts everybody who wants a chance to use this wonderful newtechnology to do more than read other people's flamewars.
However, posting material by other authors at a website could be good when of the following three conditions are satisfied:An example of such reposting includes a physics professor who posts at his website copies of Einstein's 1905 papers and translations into the local language.
Note that just because a copyrighted work might disappear from an author's websiteis a valid reason to post a copy of that copyrighted work elsewhere.