Copyright Issues    -    Not your usual self serving disclaimer.

The legal rights of creative individuals to be protected from the depredation of those who lack the intelligence, the creativity, or who are just too lazy to create their own original body of work, is an important concept that has been recognized internationally for well over 100 years. Theft of ideas and creative output is neither fair nor is it legal. Those rights are codified in the copyright laws of the United States as well as in International law, and the laws of various nations world wide. Information on the copyright laws of the United States (which are among the most lenient) can be found at the Cornell School of Law site . In addition the following site the Cyberspace Law Institute among others, specialize and focus on copyright law and the internet. If you are in a hurry, read this. If you have a little more time visit this page in my portfolio. The portfolio piece is a web version of the copyright policy statement for Seattle University. I put this page together while working for the university as Director of Media Services and as part of the Copyright policy committee.

CAUTION: This document is dated and should in no way be taken as legal counsel on the issues of copyright law and section 107 on `Fair Use'. As is the case in any action that may have legal implications, if you are unsure of the consequences of those actions seek legal counsel.

Many people particularly academics, denizens of the Web, and other frequent violators of copyright, feel the laws are vague, don't cover new media, or are open to individual interpretation. Don't you believe it. The laws are not vague, there are provisions for new forms of media, and the only interpretation allowed is in the courts of law. In the United States the need to deal with the "new media" was recognized over 20 years ago. Representatives for copyright holders, the publishing and music industries, the field of education, and law makers assembled and put together legislation, agreeing on a core set of rules that they considered to be fair to all parties involved. This legislation became the Copyright Act of 1976. Yes the copyright act is a dynamic document and is open to interpretation, in the court of law. This is what Section 107 dealing with `Fair Use' is. 'Fair Use ' is a legal doctrine developed by the courts through case law, it is neither vague nor unclear. And in spite of the bluff and bluster you may read on other sites, if you are taken to court you will loose. There has never, to the best of my knowledge, been a successful challenge to the either the Copyright Act of 1976 or Section 107 dealing with fair use.

copyright the exclusive right, granted by law for a certain term of years, to make and dispose of copies of, and otherwise to control, a literary, musical, or artistic work.

This definition has been interpreted to cover films, video tapes, video disks, computer programs, and other related media. What it means is that unless you are the legal holder of the copyright on a piece of creative property, you do not have the right to make copies of, excerpt, or make use of that property without the permission of the owner of the copyright, during that period in which it is legally in force. Various sections of the copyright laws have over the years been added to clarify and extend the rights of the public as well as the rights of the copyright holder. For instance the act of publishing and offering a literary property ie. a book, for sale to the public infers the right to read that book, use it to level a table with , destroy, loan out, or even resell that copy of that book. It does not confer the right to copy any part or all of that book to be resold, lent, or handed out in class. Those actions constituted infringement of the copyright on that material, and can only be carried out with the express concern of the copyright holder. The advent of audio tape, video tape, computer disks, magnetic and other media including the Internet and the World Wide Web has brought an entire new dimension to the interpretation of the copyright laws in this country and abroad. In order to address these problems the Copyright Act of 1976 was written. Specifically of interest is Section 107 dealing with "Fair Use": "'Fair Use ' is a legal doctrine developed by the courts through case law." Essentially Section 107 "sets out certain criteria to be taken into consideration in determining whether a use is 'Fair Use'." If a use is deemed 'Fair Use', clearance from or payment to the copyright owner is not required."

The "Fair Use" criteria are listed below.

(1) the purpose and character of the use , including whether such use is of a commercial nature or for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(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;

In addition, the purpose for which the work is used must generally fall within one of the following categories: criticism, comment, news reporting, teaching, scholarship or research."